Senior Preferred Sample Clauses

Senior Preferred. In any calendar year, the holders of outstanding shares of Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock (collectively, the “Senior Preferred”) shall be entitled to receive dividends, when, as and if declared by the Board of Directors, out of any assets at the time legally available therefor, at a rate of eight percent (8%) of the Series B Original Issue Price (as defined below), Series C Original Issue Price (as defined below), Series D Original Issue Price (as defined below) or Series E Original Issue Price (as defined below), as the case may be, payable in preference and priority to any declaration or payment of any dividend or distribution on Series A Preferred Stock, Series A-1 Preferred Stock (collectively, the “Junior Preferred”) and Common Stock of the Corporation in such calendar year. Such dividends shall not accrue and shall not cumulate. The Corporation shall not declare, pay or set aside any dividends on shares of any other class or series of capital stock of the Corporation (other than dividends on shares of Common Stock payable in shares of Common Stock) unless (in addition to the obtaining of any consents required elsewhere in the Certificate of Incorporation) the holders of the Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series E Preferred Stock then outstanding shall first receive, or simultaneously receive, a dividend on each outstanding share of Series B Preferred Stock in an amount at least equal to eight percent (8%) of the Series B Original Issue Price, on each outstanding share of Series C Preferred Stock in an amount at least equal to eight percent (8%) of the Series C Original Issue Price, on each outstanding share of Series D Preferred Stock in an amount at least equal to eight percent (8%) of the Series D Original Issue Price and on each outstanding share of Series E Preferred Stock in an amount at least equal to eight percent (8%) of the Series E Original Issue Price. The “Series B Original Issue Price” shall mean $1.1937322 per share, subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the

Senior Preferred. The Series A Preferred and the Series B Preferred.

Senior Preferred. The term “Senior Preferred” shall mean the Series D Senior Cumulative Convertible Redeemable Preferred Stock of the Corporation and any other class or series of the capital stock of the Corporation, authorized or issued after the date on which this Certificate is filed, that is senior to and that has preference over the Series F in the payment of dividends and in the payment of amounts in the event of any voluntary or involuntary liquidation, dissolution or winding up of the affairs of the Corporation.