Common use of Redemption of Trust Securities Clause in Contracts

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 per Trust Preferred Security and an amount equal to U.S.$25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except The Company Preferred Securities may be redeemed, with the prior approval of the Guarantor and the Dutch Central Bank, if such approval is required at the time of such redemption, by the Company at its option: (i) in whole or in part on or after September 30, 2008; or (ii) in whole but not in part upon the occurrence of a Special Redemption Event (as set forth defined in Section 8.02the LLC Agreement), upon at any time. (b) Upon a purchase of the Class B Company Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities having an aggregate liquidation amount equal to the Company Preferred Securities so purchased or redeemed for an amount equal to U.S.$25 $25.00 per Trust Preferred Security and plus an amount equal to U.S.$25 per Trust Common Securityaccumulated and unpaid Distributions, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding Company Preferred Securities so purchased or redeemed as calculated by the date of redemption Regular Trustees (the “"Redemption Price”"). In Holders will be given not less than 30 nor more than 60 days' notice of such redemption. (c) If fewer than all the event that payment of the Redemption Price in respect of any outstanding Trust Securities is improperly withheld or refused are to be so redeemed, the Trust Common Securities and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of will be redeemed Pro Rata and the Company’s intention Trust Preferred Securities to redeem the Class B Preferred Securitiesbe redeemed will be redeemed as described in Section 8.04(b) below. (bd) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Company Preferred Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ ' notice to the Holders and upon not less than 30 nor more than 60 days' notice to Euroclear and Clearstream, after providing Euroclear and Clearstream with such information relating to such dissolution and the Company Preferred Securities as reasonably requested by either of the Trust Securitiesthem, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if any, Class B Company Preferred Securities with an aggregate stated liquidation amount equal to the aggregate stated liquidation amount of, with a Distribution rate identical to the Distribution rate of, and accumulated and unpaid Distributions equal to accumulated and unpaid Distributions on, and having the same record date for payment as, the Trust Preferred Securities and the Trust Common Securities outstanding at such time would be distributed on a pro rata Pro Rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security Securities in liquidation of such Holders’ interest ' interests in the Trust; provided, however, that, if, if at such time, the time there is available to the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then such as filing a form or making an election, or pursuing some other similar reasonable measure which in the sole judgment of the Guarantor has or will cause no adverse effect on the Trust, the Company, the Guarantor, the Bank, AANAH, the Holders or the Trust shall Preferred Security Beneficial Owners and will involve no material cost, the Trust will pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to dissolution or cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed to remain outstanding, provided that in the case of this clause (ii), the Guarantor shall pay any and all expenses incurred by or quotedpayable by the Trust attributable to the Trust Special Event. (de) On the date fixed for any distribution of Class B Company Preferred Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Company Preferred Securities having an aggregate stated liquidation preference amount equal to the Liquidation Preference Amount stated liquidation amount of, and bearing accumulated and unpaid Capital Payments Distributions equal to accumulated and unpaid Capital Payments Distributions on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon Upon a purchase of the Class B Partnership Preferred Securities by the Company Partnership upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities having an aggregate liquidation amount equal to the aggregate liquidation preference of the Partnership Preferred Securities so purchased or redeemed for an amount equal to U.S.$25 $25 per Trust Preferred Security and plus an amount equal to U.S.$25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments Distributions through the date of the redemption or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding Partnership Preferred Securities so purchased or redeemed as calculated by the date of redemption Regular Trustees (the “"Redemption Price”"). In Holders will be given not less than 30 nor more than 60 days notice of such redemption. (b) If fewer than all the event that payment of the Redemption Price in respect of any outstanding Trust Securities is improperly withheld or refused are to be so redeemed, the Trust Common Securities and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of will be redeemed Pro Rata and the Company’s intention Trust Preferred Securities to redeem the Class B Preferred Securitiesbe redeemed will be redeemed as described in Section 8.3 below. (bc) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Partnership Preferred Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ ' notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if any, Class B Partnership Preferred Securities with an aggregate liquidation preference equal to the aggregate stated liquidation amount of, with a distribution rate indentical to the distribution rate of, and accumulated and unpaid distributions equal to accumulated and unpaid distributions on, and having the same record date for payment as, the Trust Preferred Securities and the Trust Common Securities outstanding at such time would be distributed on a pro rata Pro Rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security Securities in liquidation of such Holders’ interest ' interests in the Trust; provided, however, that, if, that if at such time, the time there is available to the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then such as filing a form or making an election, or pursuing some other similar reasonable measure which in the sole judgment of the Sponsor has or will cause no adverse effect on the Trust, the Partnership, the Sponsor or the Holders of the Trust shall Securities and will involve no material cost, the Trust will pursue such measure in lieu of dissolutiondissolution or (ii) cause the Trust Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the Sponsor shall pay any and all expenses incurred by or payable by the Trust attributable to the Trust Special Event. Furthermore, if in the case of the occurrence of a Trust Tax Event, the Regular Trustees have received a Trust Redemption Tax Opinion, then the General Partner shall have the right, within 90 days following the occurrence of such Trust Tax Event, to elect to cause the Partnership to redeem the Partnership Preferred Securities in whole (but not in part) for cash upon not less than 30 nor more than 60 days' notice and promptly following such redemption, the Trust Securities will be redeemed by the Trust at the Redemption Price. (cd) If the Class B Partnership Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall Sponsor will use its commercially reasonable best efforts to cause such Class B the Partnership Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or on such other national securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (de) On the date fixed for any distribution of Class B Partnership Preferred Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Partnership Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount aggregate liquidation amount of, and bearing accumulated and unpaid Capital Payments distributions equal to accumulated and unpaid Capital Payments Distributions on, such Trust Securities until such certificates are presented to the Company Sponsor or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 U.S.$ [ ] per Trust Preferred Security and an amount equal to U.S.$25 U.S.$ [ ] per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except The Company Preferred Securities may be redeemed, with the prior approval of the Guarantor and the Dutch Central Bank, if such approval is required at the time of such redemption, by the Company at its option: (i) in whole or in part on or after July 3, 2008; or (ii) in whole but not in part upon the occurrence of a Special Redemption Event (as set forth defined in Section 8.02the LLC Agreement), upon at any time. (b) Upon a purchase of the Class B Company Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities having an aggregate liquidation amount equal to the Company Preferred Securities so purchased or redeemed for an amount equal to U.S.$25 $25.00 per Trust Preferred Security and plus an amount equal to U.S.$25 per Trust Common Securityaccumulated and unpaid Distributions, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding Company Preferred Securities so purchased or redeemed as calculated by the date of redemption Regular Trustees (the “Redemption Price”). In Holders will be given not less than 30 nor more than 60 days’ notice of such redemption. (c) If fewer than all the event that payment of the Redemption Price in respect of any outstanding Trust Securities is improperly withheld or refused are to be so redeemed, the Trust Common Securities and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of will be redeemed Pro Rata and the Company’s intention Trust Preferred Securities to redeem the Class B Preferred Securitiesbe redeemed will be redeemed as described in Section 8.04(b) below. (bd) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Company Preferred Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders and upon not less than 30 nor more than 60 days’ notice to Euroclear and Clearstream, after providing Euroclear and Clearstream with such information relating to such dissolution and the Company Preferred Securities as reasonably requested by either of the Trust Securitiesthem, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if any, Class B Company Preferred Securities with an aggregate stated liquidation amount equal to the aggregate stated liquidation amount of, with a Distribution rate identical to the Distribution rate of, and accumulated and unpaid Distributions equal to accumulated and unpaid Distributions on, and having the same record date for payment as, the Trust Preferred Securities and the Trust Common Securities outstanding at such time would be distributed on a pro rata Pro Rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security Securities in liquidation of such Holders’ interest interests in the Trust; provided, however, that, if, if at such time, the time there is available to the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then such as filing a form or making an election, or pursuing some other similar reasonable measure which in the sole judgment of the Guarantor has or will cause no adverse effect on the Trust, the Company, the Guarantor, the Bank, AANAH, the Holders or the Trust shall Preferred Security Beneficial Owners and will involve no material cost, the Trust will pursue such measure in lieu of dissolution. dissolution or (cii) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed to remain outstanding, provided that in the case of this clause (ii), the Guarantor shall pay any and all expenses incurred by or quotedpayable by the Trust attributable to the Trust Special Event. (de) On the date fixed for any distribution of Class B Company Preferred Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Company Preferred Securities having an aggregate stated liquidation preference amount equal to the Liquidation Preference Amount stated liquidation amount of, and bearing accumulated and unpaid Capital Payments Distributions equal to accumulated and unpaid Capital Payments Distributions on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon Upon a purchase of the Class B Partnership Preferred Securities by the Company Partnership upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities for having an aggregate liquidation amount equal to the Partnership Preferred Securities so purchased or redeemed at an amount equal to U.S.$25 $25 per Trust Partnership Preferred Security and plus an amount equal to U.S.$25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments Distributions, including any Compounded Distributions thereon through the date of the redemption or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding the date of redemption Partnership Preferred Securities so purchased or redeemed (the “"Redemption Price”"). In Holders will be given not less than 30 nor more than 60 days notice of such redemption. (b) If fewer than all the event outstanding Trust Securities are to be so redeemed, the Trust Common Securities and the Trust Preferred Securities will be redeemed Pro Rata and the Trust Preferred Securities to be redeemed will be redeemed as described in Section 8.3 below; provided, that payment fewer than all of the Redemption Price in respect of any outstanding Trust Preferred Securities is improperly withheld may not be redeemed unless all accumulated and unpaid Distributions have been paid on all Trust Preferred Securities for all quarterly distribution periods terminating on or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date prior to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securitiesredemption. (bc) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Partnership Preferred Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ days notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if any, Class B Partnership Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution.be (cd) If the Class B Partnership Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall Sponsor will use its commercially reasonable best efforts to cause such Class B the Partnership Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or on such other national securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (de) On the date fixed for any distribution of Class B Partnership Preferred Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Partnership Preferred Securities having an aggregate a liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, stated liquidation amount of such Trust Securities until such certificates are presented to the Company Sponsor or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 per Trust Preferred Security and an amount equal to U.S.$25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 $25 per Trust Preferred Security and an amount equal to U.S.$25 $25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon Upon a purchase of the Class B Partnership Preferred Securities by the Company Partnership upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities having an aggregate liquidation preference equal to the aggregate liquidation preference of the Partnership Preferred Securities so purchased or redeemed for an amount equal to U.S.$25 $25 per Trust Preferred Security and plus an amount equal to U.S.$25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments Distributions, including any Compounded Distributions thereon through the date of the redemption or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding Partnership Preferred Securities so purchased or redeemed as calculated by the date of redemption Regular Trustees (the “"Redemption Price”"). In Holders will be given not less than 30 nor more than 60 days notice of such redemption. (b) If fewer than all the event that payment of the Redemption Price in respect of any outstanding Trust Securities is improperly withheld or refused are to be so redeemed, the Trust Common Securities and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of will be redeemed Pro Rata and the Company’s intention Trust Preferred Securities to redeem the Class B Preferred Securitiesbe redeemed will be redeemed as described in Section 8.3 below. (bc) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Partnership Preferred Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ ' notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if any, Class B Partnership Preferred Securities with an aggregate liquidation preference equal to the aggregate stated liquidation amount of, with a distribution rate identical to the distribution rate of, and accumulated and unpaid distributions equal to accumulated and unpaid distributions on, and having the same record date for payment as, the Trust Preferred Securities and the Trust Common Securities outstanding at such time would be distributed on a pro rata Pro Rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security Securities in liquidation of such Holders’ interest ' interests in the Trust; provided, however, that, if, that if at such time, the time there is available to the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Actionministerial action, then such as filing a form or making an election, or pursuing some other similar reasonable measure which in the sole judgment of the Sponsor has or will cause no adverse effect on the Trust, the Partnership, the Sponsor or the Holders of the Trust shall Securities and will involve no material cost, the Trust will pursue such measure in lieu of dissolutiondissolution or (ii) cause the Trust Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the Sponsor shall pay any and all expenses incurred by or payable by the Trust attributable to the Trust Special Event. Furthermore, if in the case of the occurrence of a Trust Tax Event, the Regular Trustees have received a Trust Redemption Tax Opinion, then the General Partner shall have the right, within 90 days following the occurrence of such Trust Tax Event, to elect to cause the Partnership to redeem the Partnership Preferred Securities in whole (but not in part) for cash upon not less than 30 nor more than 60 days' notice and promptly following such redemption, the Trust Securities will be redeemed by the Trust at the Redemption Price. (cd) If the Class B Partnership Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall Sponsor will use its commercially reasonable best efforts to cause such Class B the Partnership Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or on such other national securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (de) On the date fixed for any distribution of Class B Partnership Preferred Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Partnership Preferred Securities having an aggregate liquidation principal preference amount equal to the Liquidation Preference Amount stated liquidation amount of, and bearing accumulated and unpaid Capital Payments distributions equal to accumulated and unpaid Capital Payments distributions on, such Trust Securities until such certificates are presented to the Company Sponsor or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon Upon a purchase of the Class B Preferred Company Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied Pro Rata to redeem the Trust Securities having an aggregate liquidation amount equal to the Company Securities so purchased or redeemed for an amount equal to U.S.$25 $[ ] per Trust Preferred Security and plus an amount equal to U.S.$25 per Trust Common Securityaccumulated and unpaid Dividends, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments or such lesser amount as shall be received by the Trust in respect of the then current Payment Period to but excluding Company Securities so purchased or redeemed as calculated by the date of redemption Regular Trustees (the “"Redemption Price”"). In Holders will be given not less than 30 nor more than 60 days' notice of such redemption. (b) If fewer than all the event that payment of the Redemption Price in respect of any outstanding Trust Securities is improperly withheld or refused are to be so redeemed, the Trust Common Securities and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of will be redeemed Pro Rata and the Company’s intention Trust Preferred Securities to redeem the Class B Preferred Securitiesbe redeemed will be redeemed as described in Section 8.04(b) below. (bc) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, unless the Company Securities are redeemed in the limited circumstances described below, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee Event elect to either (i) dissolve the Trust upon not less than 30 nor more than 60 days’ ' notice to the Holders and upon not less than 30 nor more than 60 days' notice to Euroclear and Cedel, after providing Euroclear and Cedel with such information relating to such dissolution and the Company Securities as reasonably requested by either of the Trust Securitiesthem, with the result that, after satisfaction of the claims of creditors creditors, if any, of the Trust, if anyCompany Securities with an aggregate stated liquidation amount equal to the aggregate stated liquidation amount of, Class B with a Dividend rate identical to the Dividend rate of, and accumulated and unpaid Dividends equal to accumulated and unpaid Dividends on, and having the same record date for payment as, the Trust Preferred Securities and the Trust Common Securities outstanding at such time would be distributed on a pro rata Pro Rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security Securities in liquidation of such Holders’ interest ' interests in the Trust; provided, however, that, if, if at such time, the time there is available to the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then such as filing a form or making an election, or pursuing some other similar reasonable measure which in the sole judgment of the Guarantor has or will cause no adverse effect on the Trust, the Company, the Guarantor, the Common Securities Holder, the Holders or the Trust shall Preferred Security Beneficial Owners and will involve no material cost, the Trust will pursue such measure in lieu of dissolutiondissolution or (ii) cause the Trust Preferred Securities to remain outstanding, provided that in the case of this clause (ii), the Guarantor shall pay any and all expenses incurred by or payable by the Trust attributable to the Trust Special Event. (cd) If the Class B Preferred Company Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall Guarantor will use its commercially reasonable efforts to cause such Class B Preferred the Company Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the [New York Stock Exchange Exchange], the [Luxembourg Stock Exchange] or on such other national securities exchange or similar organization as the Trust Preferred Securities are then listed or quotedquoted on. (de) On the date fixed for any distribution of Class B Preferred Company Securities, upon dissolution of the Trust, (i) the Trust Preferred Securities shall be deemed to be redeemed and the Trust Common Securities will no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall will be deemed to represent the Class B Preferred Company Securities having an aggregate stated liquidation preference amount equal to the Liquidation Preference Amount stated liquidation amount of, and bearing accumulated and unpaid Capital Payments Dividends equal to accumulated and unpaid Capital Payments Dividends on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 $25 per Trust Preferred Security and an amount equal to U.S.$25 $25 per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.

Redemption of Trust Securities. (a) Except as set forth in Section 8.02, upon a purchase of the Class B Preferred Securities by the Company upon redemption or otherwise, the proceeds from such purchase shall be simultaneously applied to redeem the Trust Securities for an amount equal to U.S.$25 $- per Trust Preferred Security and an amount equal to U.S.$25 $- per Trust Common Security, plus Additional Amounts, if any, plus Arrears of Payments, if any, plus any accumulated and unpaid Capital Payments in respect of the then current Payment Period to but excluding the date of redemption (the “Redemption Price”). In the event that payment of the Redemption Price in respect of any Trust Securities is improperly withheld or refused and not paid, Capital Payments on such Trust Securities shall continue to accrue at the Stated Rate from the designated Redemption Date to the date of actual payment of the Redemption Price, in which case the actual payment date shall be considered the Redemption Date for purposes of calculating the Redemption Price. The Property Trustee shall give prompt notice to the Holders of the Trust Preferred Securities of the Company’s intention to redeem the Class B Preferred Securities. (b) If, at any time, a Trust Special Redemption Event shall occur and be continuing, the Regular Trustees shall, within 90 days following the occurrence of such Trust Special Redemption Event, after consultation with DTC, the Paying Agent and the Property Trustee dissolve the Trust upon not less than 30 nor more than 60 days’ notice to the Holders of the Trust Securities, with the result that, after satisfaction of the claims of creditors of the Trust, if any, Class B Preferred Securities would be distributed on a pro rata basis to the Holders of the Trust Preferred Securities and the Holder of the Trust Common Security in liquidation of such Holders’ interest in the Trust; provided, however, that, if, at such time, the Trust has the opportunity to eliminate, within such 90-day period, the Trust Special Redemption Event by taking some Ministerial Action, then the Trust shall pursue such measure in lieu of dissolution. (c) If the Class B Preferred Securities are distributed to the Holders of the Trust Preferred Securities, the Bank shall use its commercially reasonable efforts to cause such Class B Preferred Securities to be eligible for clearing and settlement through DTC or a successor clearing agent and to be listed on the New York Stock Exchange [insert applicable stock exchange] or such other securities exchange or similar organization as the Trust Preferred Securities are then listed or quoted. (d) On the date fixed for any distribution of Class B Preferred Securities, upon dissolution of the Trust, (i) the Trust Securities shall be deemed to be redeemed and no longer be deemed to be outstanding and (ii) certificates representing Trust Securities shall be deemed to represent the Class B Preferred Securities having an aggregate liquidation preference amount equal to the Liquidation Preference Amount of, and bearing accumulated and unpaid Capital Payments equal to accumulated and unpaid Capital Payments on, such Trust Securities until such certificates are presented to the Company or its agent for transfer or reissuance. (e) Unless otherwise provided in this Agreement, the Trust Securities shall not be redeemable at any time at the option of the Holders of the Trust Securities. (f) Any Trust Securities that are redeemed shall be canceled, and not reissued, following their redemption. (g) No vote or consent of the Holders of any Trust Securities shall be required for the Trust to redeem and cancel any Trust Securities or distribute Class B Preferred Securities in accordance with this Agreement and the terms of the Trust Securities.