Common use of Shortening or Extension of Stated Maturity Clause in Contracts

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Moody's or the equivalent by any other nationally recognized statistical rating statisxxxxx xating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSeries A Subordinated Debentures, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Aon Trust, such FBS Aon Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Aon Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the TrusteeTrustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the Holders thereof no holders not less than 30 and no nor more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 2.2 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a CNG Trust, such FBS CNG Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS CNG Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the TrusteeTrustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the Holders thereof no holders not less than 30 and no nor more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Owenx Xxxning Trust, such FBS Owenx Xxxning Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Owenx Xxxning Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is shall not be in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is shall not be in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is shall not be in arrears on payments of Distributions on the Capital Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are shall be rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and (D) after such extension, the Securities are rated shall not less have a remaining term to maturity of more than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Compass Trust, such FBS Compass Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Compass Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Moody's or the equivalent by any other nationally recognized statistical rating statistixxx xxxing organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no less than 30 thirty (30) and no more than 60 sixty (60) days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a National City Trust, such FBS National City Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS National City Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities principal of any seriesa particular Series of Securities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) neither the Company nor the Guarantor is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS FPC Capital Trust, such FBS FPC Capital Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS FPC Capital Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Moody's, or the equivalent by any other nationally recognized statistical rating orating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no less than 30 and no more than 60 days prior to the effectiveness thereof. The Trustee shall give notice of such shortening or extension to the Holders promptly upon receipt.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a BankAmerica Trust, such FBS BankAmerica Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS BankAmerica Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSeries A Subordinated Debentures, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such seriesSeries, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Trust, a Bear Xxxxxxx Trust such FBS Bear Xxxxxxx Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Bear Xxxxxxx Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSecurities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof holders no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Trust Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Moody's or the equivalent by any other nationally recognized statistical recognixxx xxxtistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no Holders, not less than 30 and no not more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Group shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company Group has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company Group elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company Group is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company Group is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Trustheld by a Company, such FBS Trust Company is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Trust Company and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- BBB-by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organizationorganization and (E) the Securities will not have a remaining period to maturity of more than 30 years after such extension. In the event the Company Group elects to shorten or extend the Stated Maturity of the Securities of any seriesSecurities, it shall give written notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 2.2 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Energy East Trust, such FBS Energy East Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Energy East Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the TrusteeTrustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the Holders thereof no holders not less than 30 and no nor more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made 146 and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Trust Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no Holders, not less than 30 and no not more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such seriesSeries, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Xxxxx Fargo Trust, such FBS Xxxxx Fargo Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Xxxxx Fargo Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSecurities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof holders no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Trust, a Bear Xxxxxxx Trust such FBS Bear Xxxxxxx Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Bear Xxxxxxx Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSecurities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof holders no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Aon Trust, such FBS Aon Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Aon Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor’s Ratings Services or Baa3 by Xxxxx'x Xxxxx’x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the TrusteeTrustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the Holders thereof no holders not less than 30 and no nor more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSeries A Subordinated Debentures, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If ------------------------------------------- specified as contemplated by Section 2.1 2.01 or Section 3.1 3.01 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated -------- Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS held by a Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give written notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made 135 and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Trust Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no Holders, not less than 30 and no not more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular seriesseries and except as otherwise specified therein, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a BankAmerica Trust, such FBS BankAmerica Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS BanicAmerica Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities any series of any seriesSecurities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 90 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Mellon Trust, such FBS Mellon Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Mellon Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Mxxxx'x or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSeries A Subordinated Debentures, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 201 or Section 3.1 301 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such seriesDecember 31, 2045; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Allstate Trust, such FBS Allstate Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Allstate Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Moodx'x Xxxestors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriessuch Securities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS a Compass Trust, such FBS Compass Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Compass Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x Moody's or the equivalent by any other nationally recognized statistical rating statistxxxx xxting organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no less than 30 thirty (30) and no more than 60 sixty (60) days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS held by a Trust, such FBS Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Trust and no deferred Distributions are accumulated and (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or Moodx'x xx the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSeries A Subordinated Debentures, it shall give written notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof Holders, no less than 30 and no more than 60 days prior to the effectiveness thereof. The Company's right to shorten the Stated Maturity of the principal of the Securities of such series pursuant to clause (i) above is subject to the Company having received prior approval of the Federal Reserve if required under applicable capital guidelines or policies.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) above, at the time such election is made and at the time of extension extension, (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Trust Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated accumulated, and (D) after such extension, the Securities are rated shall not less have a remaining term to maturity of more than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organization30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no Holders, not less than 30 and no not more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right right, if any, to redeem the Securities of such series, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Aon Trust, such FBS Aon Trust is not in arrears on payments of Distributions on the Capital Preferred Securities issued by such FBS Aon Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Investors Service, Inc. or the equivalent by any other nationally recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any a particular series, it shall give notice to the TrusteeTrustee (not less than 45 days prior to the effectiveness thereof), and the Trustee shall give notice of such shortening or extension to the Holders thereof no holders not less than 30 and no nor more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 or Section 3.1 with respect to the Securities of a particular series, the Company Corporation shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such series, series and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to clause (ii) ), above, at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in if the case of any series of Securities issued to an FBS TrustIssuer Trust has not been liquidated, such FBS Issuer Trust is not in arrears on payments of Distributions on the Capital Trust Preferred Securities issued by such FBS Issuer Trust and no deferred Distributions are accumulated and accumulated, (D) such Securities are rated not less than BBB- by S&P or Baa3 by Xxxxx'x or the equivalent by any other nationally recognized statistical rating organizationorganization and (E) after such extension, the Securities shall not have a remaining term to maturity of more than 30 years. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any such series, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof no Holders, not less than 30 and no not more than 60 days prior to the effectiveness thereof.

Shortening or Extension of Stated Maturity. If specified as contemplated by Section 2.1 2.01 or Section 3.1 2.02 with respect to the Securities of a particular series, the Company shall have the right to (i) shorten the Stated Maturity of the principal of the Securities of such series at any time to any date not earlier than the first date on which the Company has the right to redeem the Securities of such seriesSeries, and (ii) extend the Stated Maturity of the principal of the Securities of such series at any time at its election for one or more periods, but in no event to a date later than the 49th anniversary of the first Interest Payment Date interest payment date following the Original Issue Date of the Securities of such series; provided that, if the Company elects to exercise its right to extend the Stated Maturity of the principal of the Securities of such series pursuant to this clause (ii) above), at the time such election is made and at the time of extension (A) the Company is not in bankruptcy, otherwise insolvent or in liquidation, (B) the Company is not in default in the payment of any interest or principal on such Securities, (C) in the case of any series of Securities issued to an FBS Trust, a Bear Stearns Trust such FBS Bear Stearns Trust is not in arrears on payments of Distributions on the Capital Securities issued by such FBS Bear Stearns Trust and no deferred Distributions are accumulated accumulated, and (D) such Securities sxxx Xxxurities are rated not less than BBB- by S&P Standard & Poor's Ratings Services or Baa3 by Xxxxx'x Moody's Investors Service, Inc. or the equivalent by any other nationally xxxxxxxlly recognized statistical rating organization. In the event the Company elects to shorten or extend the Stated Maturity of the Securities of any seriesSecurities, it shall give notice to the Trustee, and the Trustee shall give notice of such shortening or extension to the Holders thereof holders no less than 30 and no more than 60 days prior to the effectiveness thereof.