Common use of Redemption of Series K Preferred Stock Clause in Contracts

Redemption of Series K Preferred Stock. Whenever the Company shall elect to redeem shares of Series K Preferred Stock in accordance with the provisions of the Series K Amendments, it shall (unless otherwise agreed in writing with the Depositary) mail notice to the Depositary of such redemption, by first class mail, postage prepaid, not less than 40 nor more than 60 days prior to the date fixed for the redemption of the shares of such Series K Preferred Stock in accordance with the provisions of the Series K Amendments. On the date of such redemption, provided that the Company shall then have paid in full to the Depositary the redemption price required pursuant to the Series K Amendments, and sufficient to redeem the shares of Series K Preferred Stock to be redeemed, the Depositary shall redeem the Depositary Shares representing interests in such deposited shares of Series K Preferred Stock. The Depositary shall mail notice of such redemption, and the simultaneous redemption of the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed, by first-class mail, postage prepaid, not less than 30 and not more than 60 days prior to the date fixed for redemption of such shares of Series K Preferred Stock and Depositary Shares (the "Redemption Date"), to the record holders of the Receipts evidencing the Depositary Shares to be so redeemed on the record date fixed pursuant to Section 4.04 hereof, at the addresses of such holders as they appear on the records of the Depositary; provided, however, that neither failure to mail any such notice to one or more such holders nor any defect in any notice or in the mailing thereof to one or more such holders shall affect the validity of the proceedings for redemption of any Depositary Shares as to other holders. Each such notice of redemption shall be prepared by the Company and delivered to the Depositary for subsequent delivery and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed and, if less than all the Depositary Shares held by any such holder are to be redeemed, the number of such Depositary Shares held by such holder to be so redeemed and the method by which the applicable Depositary Shares will be chosen for redemption; (iii) the redemption price (including any authorized, declared, but unpaid dividends on the Redemption Date); (iv) the place or places where Receipts evidencing the applicable Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the shares of such Series K Preferred Stock to be redeemed, which are represented by the applicable Depositary Shares to be redeemed, will cease to accrue at the close of business on the day prior to such Redemption Date. In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected by lot or pro rata as may be determined by the Company. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed to redeem the shares of Series K Preferred Stock to be redeemed by it as set forth in the Company's notice provided for in the preceding paragraph), all dividends in respect of the shares of Series K Preferred Stock so called for redemption shall cease to accrue, the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon surrender in accordance with such notice of the Receipts evidencing any such Depositary Shares called for redemption (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to one forty-thousandth (l/40,000th) of the redemption price per share paid in respect of the shares of the related Series K Preferred Stock plus authorized, declared, but unpaid dividends on the Redemption Date and, if applicable, any money or other property to which the holders of Receipts evidencing such Depositary Shares are entitled hereunder. If less than all the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver to the holder of such Receipt upon its surrender to the Depositary, together with the payment of the redemption price, a new Receipt evidencing the number of Depositary Shares as were evidenced by such prior Receipt and not called for redemption; provided, however, that such replacement Receipt shall be issued only in denominations of whole Depositary Shares and cash will be payable in respect of fractional interests.

Redemption of Series K Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series K Preferred Stock in accordance with the provisions terms of the Series K AmendmentsCertificate, it shall (unless otherwise agreed to in writing with the Depositary) mail notice give or cause to be given to the Depositary of such redemption, by first class mail, postage prepaidDepositary, not less than 40 nor 30 days and not more than 60 days prior to the Redemption Date (as defined below), notice of the date fixed for the of such proposed redemption of the shares of such Series K Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable redemption price, which notice shall be accompanied by a certificate from the Corporation stating that such redemption of Series K Preferred Stock is in accordance with the provisions of the Series K AmendmentsCertificate. On the date of such redemption, provided that the Company Corporation shall then have paid or caused to be paid in full to the Depositary the redemption price required pursuant to Redemption Price (as defined in the Series K Amendments, and sufficient to redeem Certificate) of the shares of Series K Preferred Stock to be redeemedredeemed in accordance with the provisions of the Certificate, the Depositary shall redeem the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock. The Depositary shall mail notice of such redemption, the Corporation’s redemption of Series K Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing interests in such deposited shares of the Series K Preferred Stock to be redeemed, redeemed by first-class mail, postage prepaid, not less than 30 days and not more than 60 days prior to the date fixed for redemption of such shares of Series K Preferred Stock and Depositary Shares (the "“Redemption Date"”), to the record holders Record Holders of the Receipts evidencing the Depositary Shares to be so redeemed on the record date fixed pursuant to Section 4.04 hereof, at the their respective last addresses of such holders as they appear on the records of the Depositary; provided, however, that but neither failure to mail any such notice of redemption of Depositary Shares to one or more such holders Holders nor any defect in any notice or in the mailing thereof of redemption of Depositary Shares to one or more such holders Holders shall affect the validity sufficiency of the proceedings for redemption of any Depositary Shares as to the other holdersHolders. Each such notice of redemption shall be prepared by the Company and delivered to the Depositary for subsequent delivery Corporation and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed and, if less than all the Depositary Shares held by any such holder Holder are to be redeemed, the number of such Depositary Shares held by such holder Holder to be so redeemed and the method by which the applicable Depositary Shares will be chosen for redemptionredeemed; (iii) the redemption price (including any authorized, declared, but unpaid dividends on the Redemption Date)price; (iv) the place or places where Receipts evidencing the applicable such Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the shares of such Series K Preferred Stock to be redeemed, which are represented by the applicable such Depositary Shares to be redeemed, redeemed will cease to accrue at the close of business on the day prior to such Redemption Date. In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected either pro rata or by lot or pro rata in such other manner as the Board of Directors of the Corporation or any duly authorized committee of the Board of Directors of the Corporation may determine to be determined by the Companyfair and equitable. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company Corporation shall have failed to provide the funds necessary to redeem the shares of Series K Preferred Stock to be redeemed evidenced by it as set forth in the Company's notice provided Depositary Shares called for in the preceding paragraph), all redemption) (i) dividends in respect of on the shares of Series K Preferred Stock so called for redemption Redemption shall cease to accrueaccrue from and after such date, (ii) the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, (iii) all rights of the holders Holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate andterminate, and (iv) upon surrender in accordance with such redemption notice of the Receipts evidencing any such Depositary Shares called for redemption (properly endorsed or assigned for transfer, if the Depositary or applicable law shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to one fortyone-one thousandth (l/40,000th) of the redemption price per share paid in respect of the shares of the related Series K Preferred Stock so redeemed plus authorizedall money and other property, declaredif any, but unpaid represented by such Depositary Shares, including all amounts paid by the Corporation in respect of dividends which on the Redemption Date and, if applicable, any money or other property have been declared on the shares of Series K Preferred Stock to which the holders of Receipts evidencing such Depositary Shares are entitled hereunderbe so redeemed and have not therefore been paid. If less fewer than all of the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver to the holder Holder of such Receipt upon its surrender to the Depositary, together with the payment of the redemption pricepayment, a new Receipt evidencing the number of Depositary Shares as were evidenced by such prior Receipt and not called for redemption; provided, however, that such replacement Receipt shall be issued only in denominations of whole Depositary Shares and cash will be payable in respect of fractional interests.

Redemption of Series K Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series K Preferred Stock in accordance with the provisions terms of the Series K AmendmentsCertificate of Designations (including on account of a Regulatory Capital Treatment Event, as described therein), it shall (unless otherwise agreed to in writing with the Depositary) mail notice give or cause to be given to the Depositary of such redemption, by first class mail, postage prepaidDepositary, not less than 40 nor more than 60 15 days prior to the date fixed for the redemption of the shares of such Series K Preferred Stock in accordance with the provisions of the Series K Amendments. On the date of such redemption, provided that the Company shall then have paid in full to the Depositary the redemption price required pursuant to the Series K Amendments, and sufficient to redeem the shares of Series K Preferred Stock to be redeemed, the Depositary shall redeem the Depositary Shares representing interests in such deposited shares of Series K Preferred Stock. The Depositary shall mail notice of such redemption, and the simultaneous redemption of the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed, by first-class mail, postage prepaid, not less than 30 and not more than 60 days prior to the date fixed for redemption Redemption Date (as defined below), notice of such shares of Series K Preferred Stock and Depositary Shares (the "Redemption Date")redemption, to the record holders of the Receipts evidencing the Depositary Shares to be so redeemed on the record date fixed pursuant to Section 4.04 hereof, at the addresses of such holders as they appear on the records of the Depositary; provided, however, that neither failure to mail any such notice to one or more such holders nor any defect in any notice or in the mailing thereof to one or more such holders shall affect the validity of the proceedings for redemption of any Depositary Shares as to other holders. Each such notice of redemption shall be prepared by the Company and delivered to the Depositary for subsequent delivery and which shall state: (i) the Redemption Date; (ii) the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed and, if less than all the Depositary Shares held by any such holder shares of Series K Preferred Stock are to be redeemed, the number of such Depositary Shares shares of Series K Preferred Stock held by such holder the Depositary to be so redeemed and the method by which the applicable Depositary Shares will be chosen for redemptionredeemed; (iii) the redemption price (including any authorized, declared, but unpaid dividends on the Redemption Date)price; and (iv) the place or places where Receipts the certificates evidencing the applicable Depositary Shares shares of Series K Preferred Stock, if any, are to be surrendered for payment of the redemption price; and (v) that dividends in respect . In case less than all the outstanding shares of Series K Preferred Stock are to be redeemed, the shares of Series K Preferred Stock to be so redeemed shall be selected either pro rata or by lot or in such other manner determined by the Corporation to be fair and equitable. On the date of such redemption, the Depositary shall redeem the number of Depositary Shares representing such Series K Preferred Stock, provided that the Corporation shall then have paid or caused to be paid in full to Computershare the redemption price of the Series K Preferred Stock to be redeemed, which are represented plus an amount equal to any declared and unpaid dividends thereon to the date fixed for redemption in accordance with the provisions of the Certificate of Designations. The Depositary shall send notice of the Corporation’s redemption of Series K Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series K Preferred Stock to be redeemed by a reasonably acceptable transmission method, not less than 15 days and not more than 60 days prior to the applicable date fixed for redemption of such Series K Preferred Stock and Depositary Shares (the “Redemption Date”), to the Record Holders of the Receipts evidencing the Depositary Shares to be redeemed, will cease to accrue so redeemed at the close of business their respective last addresses as they appear on the day prior records of the Depositary; but neither failure to send any such Redemption Datenotice of redemption of Depositary Shares to one or more such Holders nor any defect in any notice of redemption of Depositary Shares to one or more such Holders shall affect the sufficiency of the proceedings for redemption as to the other Holders. In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected either pro rata or by lot or pro rata as may be in such other manner determined by the CompanyCorporation to be fair and equitable. Notice having been mailed transmitted by the Depositary as aforesaid, from and after the Redemption Date (unless the Company Corporation shall have failed to provide the funds necessary to redeem the shares of Series K Preferred Stock to be redeemed evidenced by it as set forth in the Company's notice provided Depositary Shares called for in the preceding paragraphredemption), all (i) dividends in respect of on the shares of Series K Preferred Stock so called for Redemption shall cease to accrue from and after such date and all shares of Series K Preferred Stock called for redemption shall cease to accruebe outstanding and any rights with respect to such shares shall cease and terminate (except for the right to receive the redemption price without interest), (ii) the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, (iii) all rights of the holders Holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption priceprice without interest) shall, to the extent of such Depositary Shares, cease and terminate andterminate, and (iv) upon surrender in accordance with such redemption notice of the Receipts evidencing any such Depositary Shares called for redemption (properly endorsed or assigned for transfer, if the Depositary or applicable law shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to one forty-thousandth (l/40,000th) 1/40th of the redemption price per share paid in respect of the shares of the related Series K Preferred Stock so redeemed plus authorized, declared, but unpaid dividends on the Redemption Date andall money and other property, if applicableany, any money or other property to which the holders of Receipts evidencing represented by such Depositary Shares are entitled hereunderShares, including all amounts declared and paid by the Corporation in respect of dividends in accordance with the provisions of the Certificate of Designations. If less fewer than all of the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary or Computershare, as appropriate, will deliver to the holder Holder of such Receipt upon its surrender to the Depositary, together with the payment of the redemption pricepayment, a new Receipt evidencing the number of Depositary Shares as were evidenced by such prior Receipt and not called for redemption; provided. In any such case, however, that such replacement Receipt the Corporation shall be issued redeem Depositary Shares only in denominations increments of whole 10 Depositary Shares and cash will be payable in respect of fractional interestsany multiple thereof.

Redemption of Series K Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series K Preferred Stock in accordance with the provisions terms of the Series K AmendmentsCertificate of Designations, it shall (unless otherwise agreed to in writing with the Depositary) mail notice give or cause to be given to the Depositary of such redemption, by first class mail, postage prepaidDepositary, not less than 40 nor 30 days and not more than 60 days prior to the Redemption Date (as defined below), notice of the date fixed for the of such proposed redemption of the shares of such Series K Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable redemption price, which notice shall be accompanied by a certificate from the Corporation stating that such redemption of Series K Preferred Stock is in accordance with the provisions of the Series K AmendmentsCertificate of Designations. On the date of such redemption, provided that the Company Corporation shall then have paid or caused to be paid in full to the Depositary the redemption price required pursuant to of the Series K Amendments, and sufficient to redeem the shares of Series K Preferred Stock to be redeemed, plus an amount equal to any declared and unpaid dividends thereon to the date fixed for redemption, in accordance with the provisions of the Certificate of Designations, the Depositary shall redeem the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock. The Depositary shall mail notice of such redemption, the Corporation’s redemption of Series K Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing interests in such deposited shares of the Series K Preferred Stock to be redeemed, redeemed by first-class mail, postage prepaid, not less than 30 days and not more than 60 days prior to the date fixed for redemption of such shares of Series K Preferred Stock and Depositary Shares (the "“Redemption Date"”), to the record holders Record Holders of the Receipts evidencing the Depositary Shares to be so redeemed on the record date fixed pursuant to Section 4.04 hereof, at the their respective last addresses of such holders as they appear on the records of the Depositary; provided, however, that but neither failure to mail any such notice of redemption of Depositary Shares to one or more such holders Holders nor any defect in any notice or in the mailing thereof of redemption of Depositary Shares to one or more such holders Holders shall affect the validity sufficiency of the proceedings for redemption of any Depositary Shares as to the other holdersHolders. Each such notice of redemption shall be prepared by the Company and delivered to the Depositary for subsequent delivery Corporation and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares representing interests in such deposited shares of Series K Preferred Stock to be redeemed and, if less than all the Depositary Shares held by any such holder Holder are to be redeemed, the number of such Depositary Shares held by such holder Holder to be so redeemed and the method by which the applicable Depositary Shares will be chosen for redemptionredeemed; (iii) the redemption price (including any authorized, declared, but unpaid dividends on the Redemption Date)price; (iv) the place or places where Receipts evidencing the applicable such Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the shares of such Series K Preferred Stock to be redeemed, which are represented by the applicable such Depositary Shares to be redeemed, redeemed will cease to accrue at the close of business on the day prior to such Redemption Date. In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected either pro rata or by lot or pro rata as may be in such other manner determined by the CompanyDepositary to be fair and equitable. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company Corporation shall have failed to provide the funds necessary to redeem the shares of Series K Preferred Stock to be redeemed evidenced by it as set forth in the Company's notice provided Depositary Shares called for in the preceding paragraph), all redemption) (i) dividends in respect of on the shares of Series K Preferred Stock so called for redemption Redemption shall cease to accrueaccrue from and after such date, (ii) the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, (iii) all rights of the holders Holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate andterminate, and (iv) upon surrender in accordance with such redemption notice of the Receipts evidencing any such Depositary Shares called for redemption (properly endorsed or assigned for transfer, if the Depositary or applicable law shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to one forty-thousandth (l/40,000th) tenth of the redemption price per share paid in respect of the shares of the related Series K Preferred Stock so redeemed plus authorizedall money and other property, declaredif any, but unpaid represented by such Depositary Shares, including all amounts paid by the Corporation in respect of dividends which on the Redemption Date and, if applicable, any money or other property have been declared on the shares of Series K Preferred Stock to which the holders of Receipts evidencing such Depositary Shares are entitled hereunderbe so redeemed and have not therefore been paid. If less fewer than all of the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver to the holder Holder of such Receipt upon its surrender to the Depositary, together with the payment of the redemption pricepayment, a new Receipt evidencing the number of Depositary Shares as were evidenced by such prior Receipt and not called for redemption; provided. In any such case, however, that such replacement Receipt we shall be issued redeem Depositary Shares only in denominations increments of whole 10 Depositary Shares and cash will be payable in respect of fractional interestsany multiple thereof.