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

Redemption of Series N Preferred Stock. Whenever the Corporation shall be permitted and shall elect to redeem shares of Series N Preferred Stock in accordance with the terms of the Certificate, it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 10 days and not more than 60 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series N 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 N Preferred Stock is in accordance with the provisions of the Certificate. On the date of such redemption, provided that the Corporation shall then have paid or caused to be paid in full to the Depositary the Redemption Price (as defined in the Certificate) of the Series N Preferred Stock to be redeemed in accordance with the provisions of the Certificate, the Depositary shall redeem the number of Depositary Shares representing such Series N Preferred Stock. The Depositary shall mail notice of the Corporation’s redemption of Series N Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series N Preferred Stock to be redeemed by first-class mail, postage prepaid, not less than 10 days and not more than 60 days prior to the date fixed for redemption of such Series N Preferred Stock and Depositary Shares (the “Redemption Date”), to the Record Holders of the Receipts evidencing the Depositary Shares to be so redeemed at their respective last addresses as they appear on the records of the Depositary; but neither failure to mail any such notice 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. Each such notice shall be prepared by the Corporation and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares 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; (iii) the redemption price; (iv) the place or places where Receipts evidencing such Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the Series N Preferred Stock represented by such Depositary Shares to be redeemed will cease to accrue on 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 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 fair and equitable. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to redeem the Series N Preferred Stock evidenced by the Depositary Shares called for redemption) (i) dividends on the shares of Series N Preferred Stock so called for Redemption shall cease to accrue 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 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 (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 twenty-fifth of the redemption price per share of Series N Preferred Stock so redeemed plus all money and other property, if any, represented by such Depositary Shares, including all amounts paid by the Corporation in respect of dividends which on the Redemption Date have been declared on the shares of Series N Preferred Stock to be so redeemed and have not therefore been paid. If fewer than all of 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 redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption.

Redemption of Series N Preferred Stock. Whenever the Corporation shall be permitted and shall elect to redeem shares of Series N Preferred Stock in accordance with the terms of the CertificateArticles of Amendment, it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 10 days and not more than 60 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series N 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 N Preferred Stock is in accordance with the provisions of the CertificateArticles of Amendment. On the date of such redemption, provided that the Corporation shall then have paid or caused to be paid in full to the Depositary the Redemption Price (as such term is defined in the CertificateArticles of Amendment) of the Series N Preferred Stock to be redeemed redeemed, in accordance with the provisions of the CertificateArticles of Amendment, the Depositary shall redeem the number of Depositary Shares representing such Series N Preferred Stock. The Depositary shall mail notice Notice of the Corporation’s redemption of Series N Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series N Preferred Stock to be redeemed shall be (1) mailed by first-class mail, postage prepaid, at the respective last addresses as they appear on the records of the Depositary, or (2) transmitted by such other method approved by the Depositary, in its reasonable discretion, in either case not less than 10 days and not more than 60 days prior to the date fixed for redemption of such Series N Preferred Stock and Depositary Shares (the “Redemption Date”), to the Record Holders of the Receipts evidencing the Depositary Shares to be so redeemed at their respective last addresses as they appear on the records of the Depositaryredeemed; but neither failure to mail or transmit any such notice 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. Each such notice shall be prepared by the Corporation and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares 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; (iii) the redemption price; (iv) the place or places where Receipts evidencing such Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the Series N Preferred Stock represented by such Depositary Shares to be redeemed will cease to accrue on 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 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 fair and equitable. Notice having been mailed or transmitted by the Depositary as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to redeem the Series N Preferred Stock evidenced by the Depositary Shares called for redemption) (i) dividends on the shares of Series N Preferred Stock so called for Redemption shall cease to accrue 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 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 (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 one-twenty-fifth of the redemption price Redemption Price (as such term is defined in the Articles of Amendment) per share of Series N Preferred Stock so redeemed plus all money and other property, if any, represented by such Depositary Shares, including all amounts paid by the Corporation in respect of dividends which on the Redemption Date have been declared on the shares of Series N Preferred Stock to be so redeemed and have not therefore theretofore been paid. If fewer than all of 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 redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption.

Redemption of Series N Preferred Stock. Whenever the Corporation shall be permitted and shall elect to redeem shares of Series N Preferred Stock in accordance with the terms of the CertificateCertificate 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) give or cause to be given to the Depositary, not less than 10 30 days and not more than 60 days prior to the Redemption Date (as defined below), notice of such redemption, which shall state: (i) the date Redemption Date; (ii) the number of such proposed redemption shares of Series N Preferred Stock and to be redeemed and, if less than all the shares of Series N Preferred Stock are to be redeemed, the number of such shares of Series N Preferred Stock held by the Depositary to be so redeemed and redeemed; (iii) the applicable redemption price; and (iv) the place or places where the certificates evidencing shares of Series N Preferred Stock, which notice shall if any, are to be accompanied by a certificate from surrendered for payment of the Corporation stating that such redemption price. In case less than all the outstanding shares of Series N Preferred Stock is are to be redeemed, the shares of Series N Preferred Stock to be so redeemed shall be selected either pro rata or by lot or in accordance with such other manner determined by the provisions of the CertificateCorporation to be fair and equitable. On the date of such redemption, the Depositary shall redeem the number of Depositary Shares representing such Series N Preferred Stock, provided that the Corporation shall then have paid or caused to be paid in full to Computershare the Depositary the Redemption Price (as defined in the Certificate) redemption price of the Series N Preferred Stock to be redeemed 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, the Depositary shall redeem the number Certificate of Depositary Shares representing such Series N Preferred StockDesignations. The Depositary shall mail send notice of the Corporation’s redemption of Series N Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series N Preferred Stock to be redeemed by first-class mail, postage prepaida reasonably acceptable transmission method, not less than 10 30 days and not more than 60 days prior to the date fixed for redemption of such Series N Preferred Stock and Depositary Shares (the “Redemption Date”), to the Record Holders of the Receipts evidencing the Depositary Shares to be so redeemed at their respective last addresses as they appear on the records of the Depositary; but neither failure to mail send any such notice 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. Each such notice shall be prepared by the Corporation and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares 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; (iii) the redemption price; (iv) the place or places where Receipts evidencing such Depositary Shares are to be surrendered for payment of the redemption price; and (v) that dividends in respect of the Series N Preferred Stock represented by such Depositary Shares to be redeemed will cease to accrue on 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 in such other manner as the Board of Directors of determined by the Corporation or any duly authorized committee of the Board of Directors of the Corporation may determine to be fair and equitable. Notice having been mailed transmitted by the Depositary as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to redeem the Series N Preferred Stock evidenced by the Depositary Shares called for redemption) ), (i) dividends on the shares of Series N Preferred Stock so called for Redemption shall cease to accrue from and after such datedate and all shares of Series N Preferred Stock called for redemption shall cease to be 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 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, 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 twenty-fifth 1/40th of the redemption price per share of Series N Preferred Stock so redeemed plus all money and other property, if any, represented by such Depositary Shares, including all amounts declared and paid by the Corporation in respect of dividends which on in accordance with the Redemption Date have been declared on provisions of the shares Certificate of Series N Preferred Stock to be so redeemed and have not therefore been paidDesignations. If 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 of such Receipt upon its surrender to the Depositary, together with the redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption. In any such case, the Corporation shall redeem Depositary Shares only in increments of 10 Depositary Shares and any multiple thereof.

Redemption of Series N Preferred Stock. Whenever the Corporation Company shall be permitted and shall elect to redeem shares of Series N Preferred Stock in accordance with the terms provisions of the CertificateCertificate of Designation (including on account of a Regulatory Capital Treatment Event, as described therein), it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 10 40 days and not more than 60 70 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series N Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable redemption priceDepositary Share Redemption Price, which notice shall be accompanied by a certificate from the Corporation Company stating that such redemption of Series N Preferred Stock is in accordance with the provisions of the CertificateCertificate of Designation. On the date of such redemption, provided that the Corporation Company shall then have paid or caused to be paid in full to the Depositary the Redemption Price (as defined in the Certificate) redemption price per share of the Series N Preferred Stock to be redeemed redeemed, plus an amount equal to any accrued and unpaid dividends thereon to the date fixed for redemption, in accordance with and as required by the provisions of the CertificateCertificate of Designation (the “Preferred Stock Redemption Price”), the Depositary shall redeem the number of Depositary Shares representing such Series N Preferred Stock. The Depositary shall mail notice of the CorporationCompany’s redemption of Series N Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series N Preferred Stock to be redeemed by first-class mail, postage prepaidprepaid (or another reasonably acceptable transmission method), not less than 10 30 days and not more than 60 days prior to the date fixed for redemption of such Series N 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 at their respective last the addresses of such holders as they appear on the records of the Depositary; , 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 of redemption of Depositary Shares to one or more such Holders holders shall affect the sufficiency of the proceedings for redemption as to the other Holdersholders. Each such notice shall be prepared by the Corporation Company and shall state: (i) the Redemption Date; (ii) the number of Depositary Shares 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; (iii) the redemption priceDepositary Share Redemption Price (as defined below); and (iv) the place or places where Receipts evidencing such Depositary Shares are to be surrendered for payment of the redemption price; and Depositary Share Redemption Price (v) that dividends in respect of the Series N Preferred Stock represented by such Depositary Shares to be redeemed will cease to accrue on such Redemption Dateas defined below). In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected either by the Depositary pro rata or by lot (as nearly as may be) or in such any other manner as determined by the Board of Directors of the Corporation or any duly authorized committee of the Board of Directors of the Corporation may determine Depositary in its sole discretion to be fair and equitable. Notice having been mailed by In any case, the Depositary as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to will redeem the Series N Preferred Stock evidenced by the Depositary Shares called for redemption) only in increments of 1,000 Depositary Shares and multiples thereof. (i) dividends on the all shares of Series N Preferred Stock so called for Redemption redemption shall cease to accrue from be outstanding and after any rights with respect to such dateshares shall cease and terminate (except for the right to receive the Preferred Stock Redemption Price without interest), (ii) the Depositary Shares being redeemed from such proceeds shall be deemed no longer cease to be outstanding, (iii) outstanding and 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 terminateterminate (except the right to receive the Depositary Share Redemption Price without interest), and (iviii) 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 (the “Depositary Share Redemption Price”) equal to one twenty-fifth 1/1,000th of the redemption price Preferred Stock Redemption Price per share of Series N Preferred Stock so redeemed plus all money and other property, if any, represented by such Depositary Shares, including all amounts paid by the Corporation in respect of dividends which on the Redemption Date have been declared on the shares of Series N Preferred Stock to be so redeemed and have not therefore been paid. If 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 redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption.