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

Redemption of Series O Preferred Stock. Whenever the Company shall be permitted and shall elect to redeem shares of Series O Preferred Stock in accordance with the provisions of the Certificate 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 40 days and not more than 70 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series O Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable Depositary Share Redemption Price, which notice shall be accompanied by a certificate from the Company stating that such redemption of Series O Preferred Stock is in accordance with the provisions of the Certificate of Designation. On the date of such redemption, provided that the Company shall then have paid or caused to be paid in full to the Depositary the redemption price per share of Series O Preferred Stock to be 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 Certificate of Designation (the “Preferred Stock Redemption Price”), the Depositary shall redeem the number of Depositary Shares representing such Series O Preferred Stock. The Depositary shall mail notice of the Company’s redemption of Series O Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series O Preferred Stock to be redeemed by first-class mail, postage prepaid (or another reasonably acceptable transmission method), not less than 30 days and not more than 60 days prior to the date fixed for redemption of such Series O Preferred Stock and Depositary Shares (the “Redemption Date”), to the record holders of the Receipts evidencing the Depositary Shares to be so redeemed at 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 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 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 are to be redeemed, the number of such Depositary Shares held by such holder to be so redeemed; (iii) the Depositary Share Redemption Price (as defined below); and (iv) the place or places where Receipts evidencing Depositary Shares are to be surrendered for payment of the Depositary Share Redemption Price (as 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 by the Depositary pro rata (as nearly as may be) or in any other manner determined by the Depositary in its sole discretion to be fair and equitable. In any case, the Depositary will redeem Depositary Shares only in increments of 1,000 Depositary Shares and multiples thereof. (i) all shares of Series O 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 Preferred Stock Redemption Price without interest), (ii) the Depositary Shares being redeemed from such proceeds shall cease to be outstanding and all rights of the holders of Receipts evidencing such Depositary Shares shall, to the extent of such Depositary Shares, cease and terminate (except the right to receive the Depositary Share Redemption Price without interest), and (iii) 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 1/1,000th of the Preferred Stock Redemption Price per share of Series O Preferred Stock so redeemed plus all money and other property, if any, represented by such Depositary Shares. 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 O Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series O Preferred Stock in accordance with the provisions terms of the Certificate of Designation (including on account of a Regulatory Capital Treatment Event, as described therein)Designations, it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 40 30 days and not more than 70 60 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series O Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable Depositary Share Redemption Priceredemption price, which notice shall be accompanied by a certificate from the Company Corporation stating that such redemption of Series O Preferred Stock is in accordance with the provisions of the Certificate of DesignationDesignations. 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 Computershare the redemption price per share of the Series O Preferred Stock to be redeemed, plus (i) an amount equal to any declared and unpaid dividends thereon to the date fixed for redemption, or (ii) in the case of a Regulatory Capital Treatment Event (as defined in the Statement) plus any declared and unpaid dividends and any accrued and unpaid dividends thereon to the date fixed for redemption, in each case in accordance with and as required by the provisions of the Certificate of Designation (the “Preferred Stock Redemption Price”)Statement, the Depositary shall redeem the number of Depositary Shares representing such Series O Preferred Stock. The Depositary shall mail notice of the CompanyCorporation’s redemption of Series O Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series O Preferred Stock to be redeemed by first-class mail, postage prepaid (or another reasonably acceptable transmission method)prepaid, not less than 30 days and not more than 60 days prior to the date fixed for redemption of such Series O 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 the their respective last 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 Company 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 Holder are to be redeemed, the number of such Depositary Shares held by such holder Holder to be so redeemed; (iii) the Depositary Share Redemption Price (as defined below)redemption price; and (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 O Preferred Stock represented by such Depositary Share Shares to be redeemed will cease to accrue on such Redemption Price (as defined below)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 the Depositary either pro rata (as nearly as may be) or by lot or in any such other manner determined by the Depositary in its sole discretion to be fair and equitable. In any case, Notice having been mailed by the Depositary will as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to redeem the Series O Preferred Stock evidenced by the Depositary Shares only in increments of 1,000 Depositary Shares and multiples thereof. called for redemption) (i) all dividends on the shares of Series O Preferred Stock so called for redemption Redemption shall cease to be outstanding accrue from and any rights with respect to after such shares shall cease and terminate (except for the right to receive the Preferred Stock Redemption Price without interest)date, (ii) the Depositary Shares being redeemed from such proceeds shall cease be deemed no longer to be outstanding and 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 (except the right to receive the Depositary Share Redemption Price without interest)terminate, and (iiiiv) 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 1/1,000th 1/100th of the Preferred Stock Redemption Price redemption price per share of Series O 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 in accordance with the provisions of the Statement. 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 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, we shall redeem Depositary Shares only in increments of 10 Depositary Shares and any multiple thereof.

Redemption of Series O Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series O Preferred Stock in accordance with the provisions terms of the Certificate of Designation (including on account of a Regulatory Capital Treatment Event, as described therein)Certificate, it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 40 10 days and not more than 70 60 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series O Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable Depositary Share Redemption Priceredemption price, which notice shall be accompanied by a certificate from the Company Corporation stating that such redemption of Series O Preferred Stock is in accordance with the provisions of the Certificate of DesignationCertificate. 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 per share Redemption Price (as defined in the Certificate) of the Series O Preferred Stock to be redeemed, plus an amount equal to any accrued and unpaid dividends thereon to the date fixed for redemption, redeemed in accordance with and as required by the provisions of the Certificate of Designation (the “Preferred Stock Redemption Price”)Certificate, the Depositary shall redeem the number of Depositary Shares representing such Series O Preferred Stock. The Depositary shall mail notice of the CompanyCorporation’s redemption of Series O Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series O Preferred Stock to be redeemed by first-class mail, postage prepaid (or another reasonably acceptable transmission method)prepaid, not less than 30 10 days and not more than 60 days prior to the date fixed for redemption of such Series O 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 the their respective last 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 Company 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 Holder are to be redeemed, the number of such Depositary Shares held by such holder Holder to be so redeemed; (iii) the Depositary Share Redemption Price (as defined below)redemption price; and (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 O Preferred Stock represented by such Depositary Share Shares to be redeemed will cease to accrue on such Redemption Price (as defined below)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 the Depositary either pro rata (as nearly as may be) or by lot or in any such other manner determined by as the Depositary in its sole discretion 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. In any case, Notice having been mailed by the Depositary will as aforesaid, from and after the Redemption Date (unless the Corporation shall have failed to provide the funds necessary to redeem the Series O Preferred Stock evidenced by the Depositary Shares only in increments of 1,000 Depositary Shares and multiples thereof. called for redemption) (i) all dividends on the shares of Series O Preferred Stock so called for redemption Redemption shall cease to be outstanding accrue from and any rights with respect to after such shares shall cease and terminate (except for the right to receive the Preferred Stock Redemption Price without interest)date, (ii) the Depositary Shares being redeemed from such proceeds shall cease be deemed no longer to be outstanding and 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 (except the right to receive the Depositary Share Redemption Price without interest)terminate, and (iiiiv) 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 1/1,000th one one-thousandth of the Preferred Stock Redemption Price redemption price per share of Series O 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 O 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.

Redemption of Series O Preferred Stock. Whenever the Company Corporation shall be permitted and shall elect to redeem shares of Series O Preferred Stock in accordance with the provisions terms of the Certificate Articles of Designation (including on account of a Regulatory Capital Treatment Event, as described therein)Amendment, it shall (unless otherwise agreed to in writing with the Depositary) give or cause to be given to the Depositary, not less than 40 10 days and not more than 70 60 days prior to the Redemption Date (as defined below), notice of the date of such proposed redemption of Series O Preferred Stock and of the number of such shares held by the Depositary to be so redeemed and the applicable Depositary Share Redemption Priceredemption price, which notice shall be accompanied by a certificate from the Company Corporation stating that such redemption of Series O Preferred Stock is in accordance with the provisions of the Certificate Articles of DesignationAmendment. 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 per share Redemption Price (as such term is defined in the Articles of Amendment) of the Series O Preferred Stock to be 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 Certificate Articles of Designation (the “Preferred Stock Redemption Price”)Amendment, the Depositary shall redeem the number of Depositary Shares representing such Series O Preferred Stock. The Depositary shall mail notice Notice of the CompanyCorporation’s redemption of Series O Preferred Stock and the proposed simultaneous redemption of the number of Depositary Shares representing the Series O Preferred Stock to be redeemed shall be (1) mailed by first-class mail, postage prepaid prepaid, at the respective last addresses as they appear on the records of the Depositary, or (or another reasonably acceptable transmission method)2) transmitted by such other method approved by the Depositary, in its reasonable discretion, in either case not less than 30 10 days and not more than 60 days prior to the date fixed for redemption of such Series O 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 the addresses of such holders as they appear on the records of the Depositary, redeemed; but neither failure to mail or transmit 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 Company 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 Holder are to be redeemed, the number of such Depositary Shares held by such holder Holder to be so redeemed; (iii) the Depositary Share Redemption Price (as defined below)redemption price; and (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 O Preferred Stock represented by such Depositary Share Shares to be redeemed will cease to accrue on such Redemption Price (as defined below)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 the Depositary either pro rata (as nearly as may be) or by lot or in any such other manner determined by as the Depositary in its sole discretion 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. In any case, the Depositary will redeem Depositary Shares only in increments of 1,000 Depositary Shares and multiples thereof. (i) all dividends on the shares of Series O Preferred Stock so called for redemption Redemption shall cease to be outstanding accrue from and any rights with respect to after such shares shall cease and terminate (except for the right to receive the Preferred Stock Redemption Price without interest)date, (ii) the Depositary Shares being redeemed from such proceeds shall cease be deemed no longer to be outstanding and 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 (except the right to receive the Depositary Share Redemption Price without interest)terminate, and (iiiiv) 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 1/1,000th one one-thousandth of the Preferred Stock Redemption Price (as such term is defined in the Articles of Amendment) per share of Series O 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 O Preferred Stock to be so redeemed and have not 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 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.