Common use of Voting Rights Clause in Contracts

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/100th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/400th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to one-tenth of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts entitled thereto a notice, which shall be provided by the Company and which notice that shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the such holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such aggregation instructions sufficiently in accordance with the instructions received in advance of such requestsvoting to enable it to so vote or cause such Stock to be voted. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. If at any time, the holders of Company Preferred Securities are entitled to vote under the LLC Agreement, the Trustee shall: (i) notify the Holders of the Trust Preferred Securities of such right, (ii) request specific direction from each Holder as to the vote with respect to the Company Preferred Securities represented by such Holder's Trust Preferred Securities, and (iii) vote the relevant Company Preferred Securities only in accordance with such specific direction. Upon receipt of receiving notice of any meeting at which the holders of deposited Company Preferred Stock Securities are entitled to vote, the Depositary Trustee shall, as soon as practicable thereafterpracticable, mail to the record holders Holders of Receipts the Trust Preferred Securities a notice, which . The Company shall provide the form of notice to the Trustee to be provided by forwarded to the Company and which Holders of the Trust Preferred Securities. The notice shall contain contain: (i) such all the information as that is contained in such the notice announcing the meeting of meetingthe Company Preferred Securities, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will Trust Preferred Securities shall be entitled, subject to any applicable provision of law, to instruct direct the Depositary Trustee specifically as to the exercise of the voting rights pertaining to the amount number of the Company Preferred Stock Securities represented by their respective Depositary Shares Trust Preferred Securities, and (iii) a brief statement as to description of the manner in which the Holders of the Trust Preferred Securities may give such instructions may be givenspecific directions. Upon If the Trust receives a written request of direction from a holder of a Receipt on such record dateHolder, the Depositary Trustee shall vote vote, or cause to be voted voted, the amount of the Company Preferred Stock Securities represented by the Depositary Shares evidenced by such Receipt Holder's Trust Preferred Securities in accordance with the instructions set forth in such requestthe directions. To If the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of Trustee does not receive specific instructions from the holder of a Receiptany Holder, the Depositary will Trustee shall abstain from voting to the extent of the Company Preferred Stock Securities represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Holder's Trust Preferred Stock represented by the Depositary Shares evidenced by such ReceiptSecurities.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided notice prepared by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting vote, to the extent permitted by the rules of the Preferred New York Stock Exchange or any other applicable regulatory body, the Stock represented by the Depositary Shares evidenced by the Receipt of such Receipt. The Depositary shall not be required or allowed holder proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented instructions received by the Depositary Shares evidenced by such Receiptother holders.

Voting Rights. If at any time, the holders of Company Preferred Securities are entitled to vote under the LLC Agreement, the Trustee shall: (i) notify the Holders of the Trust Preferred Securities of such right, (ii) request specific direction from each Holder as to the vote with respect to the Company Preferred Securities represented by such Holder's Trust Preferred Securities, and (iii) vote the relevant Company Preferred Securities only in accordance with such specific direction. Upon receipt of receiving notice of any meeting at which the holders of deposited Company Preferred Stock Securities are entitled to vote, the Depositary Trustee shall, as soon as practicable thereafterpracticable, mail to the record holders Holders of Receipts the Trust Preferred Securities a notice, which notice as provided under Section 8.04. The Company shall provide the form of notice to the Trustee to be provided by forwarded to the Company and which Holders of the Trust Preferred Securities. The notice shall contain contain: (i) such all the information as that is contained in such the notice announcing the meeting of meetingthe Company Preferred Securities, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will Trust Preferred Securities shall be entitled, subject to any applicable provision of law, to instruct direct the Depositary Trustee specifically as to the exercise of the voting rights pertaining to the amount number of the Company Preferred Stock Securities represented by their respective Depositary Shares Trust Preferred Securities, and (iii) a brief statement as to description of the manner in which the Holders of the Trust Preferred Securities may give such instructions may be givenspecific directions. Upon If the Trust receives a written request of direction from a holder of a Receipt on such record dateHolder, the Depositary Trustee shall vote vote, or cause to be voted voted, the amount number of Company Preferred Stock represented by the Depositary Shares evidenced by Securities corresponding to such Receipt Holder's Trust Preferred Securities in accordance with the instructions set forth in such requestthe direction. To If the extent Trustee does not receive specific instructions from any such instructions request the voting of a fractional interest of a share of deposited Preferred StockHolder, the Depositary Trustee shall aggregate abstain from voting the Company Preferred Securities corresponding to such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsHolder's Trust Preferred Securities. The Company Grantor hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary Trustee in order to enable the Depositary Trustee to vote such Company Preferred Stock Securities or cause such Company Preferred Stock Securities to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Convertible Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Convertible Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to vote, or other Deposited Securities the Depositary shallwill, as soon as practicable thereafter, mail to after fixing a record date for determining the record holders of American Depositary Receipts a noticeentitled to give instructions for the exercise of voting rights, which shall be provided by and after receipt from the Company and of notice of such meeting, mail to such holders a notice which shall will contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the record holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of the Company, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in procedure by which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request of a record holder of a Receipt on such record date, received on or before the date established by the Depositary shall for such purpose, the Depositary will endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To In the extent any such absence of instructions request from the voting record holder of a fractional interest of a share of deposited Preferred StockReceipt, the Depositary has agreed to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, such discretionary proxy shall aggregate not be given with respect to any proposition (a) as to which the Depositary has knowledge of any contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holders of such interest with all Stock or other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsDeposited Securities. The Company hereby agrees has agreed to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting record holder of which shall have furnished a written request setting forth instructions to the extent of Depositary as aforesaid, in accordance with the Preferred Stock represented by the Depositary Shares evidenced by instructions set forth in such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptrequest.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the applicable record date, the Depositary shall endeavor insofar as practicable, to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will either vote the Shares or abstain from voting in accordance with applicable stock exchange rules on which the Shares may be listed (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the informing holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to that they may instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give their discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock underlying the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Company’s Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations), upon receipt from the Company of written notice of any meeting at which the holders of deposited Preferred shares of Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawlaws and restrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of Preferred shares of Stock represented by their respective Depositary Shares (including authority to give a discretionary proxy to a Person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount authorization referred to above, the votes relating to the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all such reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred shares of Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with votes cast pursuant to any instructions received from the other holders. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred of the Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to votes and, accordingly, each Depositary Share is entitled to vote(s). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of written notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company Bank and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions (and as nearly as possible in the event the holder’s Depositary Shares represent a fractional Preferred Share) set forth in such request. To Each Preferred Share, when voting as a separate series, is entitled to 40 votes and, accordingly, each Depositary Share is entitled to one vote. On any matter in which the extent Preferred Shares are entitled to vote as a class with holders of any such instructions request the other shares upon which like voting of a fractional interest of a share of deposited rights have been conferred and are exercisable, each Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsShare will be entitled to one vote. The Company Bank hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. On such matters as the Preferred Stock is entitled, each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall shall, to the extent possible, vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received; provided, that the instructions set forth in such request. To the extent any Depositary receives such instructions request the sufficiently in advance of such voting of a fractional interest of a share of deposited to enable it to so vote or cause such Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsStock to be voted. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20th of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon Subject to the Certificate of Designation, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed determined pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of lawlaw and of the Certificate of Incorporation or the Authorizing Resolution, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall vote the number of whole votes shares resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific written instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series C Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided notice prepared by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions authorization from the holder of a Receipt, the Depositary will abstain from voting (but shall appear at any meeting with respect to the Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the Preferred shares of Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts Holder hereof a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts Holder hereof at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of law, of the Articles of Incorporation of the Company and of the Deposit Agreement, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective American Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request timely receipt from a Holder of a holder ADSs as of a Receipt on the record date established by the Depositary pursuant to Section 4.06 of the Deposit Agreement of voting instructions in the manner specified by the Depositary for such record datepurpose, the Depositary shall vote endeavor, in so far as practicable and permitted under applicable law, the provisions of the Deposit Agreement, Articles of Incorporation of the Company and the provisions of the Deposited Securities, to vote, or cause the Custodian to be voted vote, the amount of Preferred Stock Deposited Securities (in person or by proxy) represented by the Depositary Shares evidenced by such Receipt Holder's ADSs in accordance with such voting instructions. Notwithstanding anything contained in the instructions set forth Deposit Agreement or any ADR, the Depositary may, to the extent not prohibited by law, regulations or applicable stock exchange requirements, in lieu of distribution of the materials provided to the Depositary in connection with any meeting of, or solicitation of consents or proxies from, holders of Deposited Securities, distribute to the Holders a notice that provides Holders with a means to retrieve such requestmaterials or receive such materials upon request (i.e., by reference to a website containing the materials for retrieval or a contact for requesting copies of the materials). To the extent any such instructions request the voting aggregate of the American Depositary Shares voted for and against a proposal do not constitute integral multiples of a fractional interest Unit, the remainders in excess of the highest integral multiple of a share Unit will be disregarded. In the absence of deposited Preferred Stockinstructions from the Holder hereof, such Holder shall be deemed, and the Depositary shall aggregate deem such interest Holder, to have instructed the Depositary to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, that such discretionary proxy shall not be given if the Company does not request such proxy to be given, and provided, further, that no such discretionary proxy shall be given with all respect to (i) any proposition (a) as to which the Depositary has knowledge of any shareholder contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or (ii) any other fractional interests resulting from requests with matter which may substantially affect the same voting instructions and shall vote the number rights or privileges of whole votes resulting from holders of such aggregation in accordance with the instructions received in such requestsStock or other Deposited Securities. The Company hereby agrees has agreed in the Deposit Agreement to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting Holder of which shall have furnished written instructions to the extent Depositary as aforesaid, in accordance with such instructions. Prior to requesting the delivery of a discretionary proxy upon the terms set forth herein, the Company shall deliver to the Depositary an opinion of the Preferred Stock represented by Company's counsel and a representation letter, in each case upon the terms contemplated in the Deposit Agreement. There can be no assurance that Holders generally or any Holder in particular will receive the notice described above with sufficient time to enable the Holder to return voting instructions to the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipta timely manner.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to votes and, accordingly, each Depositary Share is entitled to vote(s). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares evidenced by the Receipts and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, by electronic mail or first-class postage prepaid mail, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent amount of the Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail deliver, in accordance with Section 7.04, to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided notice prepared by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received provided that the Depositary receives such aggregation instructions sufficiently in accordance with the instructions received in advance of such requestsvoting to enable it to so vote or cause such Stock to be voted. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified the relevant record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the maximum number of shares of Stock represented by the Depositary shall aggregate such interest with Shares evidenced by all other fractional interests resulting from requests with the same Receipts as to which any particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by Stock. Holders of Receipts shall also be entitled to vote on certain amendments to the Depositary Shares evidenced by such ReceiptDeposit Agreement pursuant to Section 6.01.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designation, upon receipt of notice of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall insofar as practicable vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be votedvoted as instructed. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to not vote the extent of the Series B Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptHolders.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders Holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail transmit to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to vote, or other Deposited Securities the Depositary shallwill, as soon as practicable thereafter, mail to the record holders of Receipts a noticepublish notice thereof, which shall be provided by the Company and which shall notice will contain (ia) such information as is contained in such notice of meetingmeeting and, in the judgment of the Depositary, is material to the exercise of voting rights, or a brief summary of the matters to be acted upon at such meeting together with a statement that a copy of an English translation of said notice is available for inspection at certain designated places (iiwhich shall be identified in such notice), and (b) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of the Company, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in procedure by which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request of a holder of a Receipt, received on or before the date established by the Depositary for such purpose, and, if required by the Depositary, upon deposit of his Receipt or the coupon appertaining thereto at such place as is designated by the Depositary for such purpose, received on or before the date established by the Depositary for such record datepurpose, the Depositary shall will endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To In the extent any such absence of instructions request from the voting holder of a fractional interest of a share of deposited Preferred Stock, Receipt the Depositary has agreed to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, such discretionary proxy shall aggregate not be given with respect to any proposition (a) as to which the Depositary has knowledge of any contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except as amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holder of such interest with all Stock or other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsDeposited Securities. The Company hereby agrees has agreed to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from other Deposited Securities represented by every European Depositary Receipt, the holder of which shall, if required by the Depositary, have deposited such Receipt or coupon designated for such purposes and shall have furnished a Receipt, written request setting forth instructions to the Depositary will abstain from voting to as aforesaid, in accordance with the extent of the Preferred Stock represented by the Depositary Shares evidenced by instructions set forth in such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptrequest.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series E Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series E Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series E Preferred Stock or cause such Series E Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series E Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate, upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method), to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/40th of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company (along with an updated registry of record holders of Receipts evidencing Depositary Shares as of the record date for such meeting to be provided by the Registrar) and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the be extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series G Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series G Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series G Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series G Preferred Stock or cause such Series G Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series G Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited shares of the Series K Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of the related Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of shares of the Series K Preferred Stock represented by their respective related Depositary Shares (including express authority to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder the holders of a Receipt Receipts on such record date, the Depositary shall endeavor, insofar as practicable, to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests referred to above, the votes relating to the applicable shares of Series K Preferred Stock (or portion thereof) represented by the related Depositary shall aggregate Shares evidenced by all related Receipts as to which such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all such reasonable action that actions which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of Series K Preferred Stock or cause such shares of Series K Preferred Stock to be voted. In the absence of specific instructions authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Series K Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Series K Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafterafter receiving such notice, mail to the record holders Record Holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, to the extent practicable, the Depositary shall vote or cause to be voted voted, in accordance with the amount voting instructions set forth in such requests, the maximum number of Preferred whole shares of Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received, provided that the instructions set forth in such request. To the extent any Depositary receives such instructions request sufficiently in advance (as contemplated by the notice sent to the Record Holders of Receipts) of such voting to enable it to so vote or cause such Stock to be voted. If any holder of Depositary Shares instructs the Depositary to vote a fractional interest of a share of deposited Preferred Stock, the Depositary shall will aggregate such interest with all other fractional interests resulting from requests with the same voting instructions instruction and shall vote will submit the number of whole votes for whole shares of Stock resulting from such aggregation in accordance with the instructions received receive in such requests. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order determines are necessary to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be votedas instructed. In If the absence of Depositary does not receive specific voting instructions from the holder holders of a Receiptany Depositary Shares, the Depositary it will abstain from voting to the extent not vote an amount of the Preferred Stock represented by the such non-voting Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptShares.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Series A Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock or cause such Series D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series D Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designation, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the all Receipts as to which any particular voting instructions set forth in such requestare received. To the extent any such instructions request the voting of a fractional interest of a share of the deposited Mandatory Convertible Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of the Mandatory Convertible Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/20th of a vote. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon receipt of timely notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafterthereafter and provided not prohibited by law, mail provide to the record holders Holders of Receipts ADSs a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders Holders of Receipts ADSs at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of Hitachi, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares ADSs, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by Hitachi. Upon the written request of a holder Holder of a Receipt ADSs on such record datedate received on or before the date established by the Depositary for such purpose, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt ADSs in accordance with the instructions set forth in such request. To If the extent Depositary does not receive instructions from a Holder on or before the date established by the Depositary for such purpose, such Holder shall be deemed, and the Depositary shall deem such Holder, to have instructed the Depositary to give a discretionary proxy to a person designated by Hitachi to vote the Deposited Securities (a) unless the Depositary has actual knowledge of any proxy contest as to the action to be taken regarding the items to be resolved at the meeting, (b) unless action is to be taken to authorize a merger, consolidation or amalgamation (except an amalgamation between Hitachi and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holders of such instructions request Stock or other Deposited Securities or (c) unless Hitachi advises the voting of Depositary in a fractional interest of a share of deposited Preferred Stocktimely received writing that it does not wish such discretionary proxy to be given; provided, that, the Depositary shall aggregate not have any obligation to give such interest with all discretionary proxy to a person designated by Hitachi if Hitachi shall not have delivered to the Depositary the representation letter described in the next paragraph. Prior to requesting delivery of a discretionary proxy upon the terms set forth in this Deposit Agreement, Hitachi shall deliver to the Depositary a representation letter from Hitachi (duly executed by a senior officer of Hitachi) (i) designating the person to whom any discretionary proxy should be given, (ii) confirming that Hitachi wishes such discretionary proxy to be given, and (iii) certifying that Hitachi has not and shall not request the discretionary proxy to be given as to any matter as to which a proxy contest arises, or which may materially adversely affect the rights of the holders of Stock or other fractional interests resulting from requests with Deposited Securities, or which authorizes a merger, consolidation or amalgamation (other than a merger, consolidation or amalgamation between Hitachi and one or more of its 100% owned Japanese subsidiaries). If at the same time of a vote, for any reason the Depositary is unable to obtain the representation letter substantially in the form described above, the Depositary shall not vote the Stock or other Deposited Securities as to which no voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestshave been received. The Company Hitachi hereby agrees to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause other Deposited Securities represented by every ADS, the Holder of which shall have furnished instructions to the Depositary as aforesaid, in accordance with the instructions set forth in such Preferred Stock request. So long as the Depositary shall act in good faith it shall not be responsible for any failure to be votedcarry out any instructions filed with it, or to comply with the provisions of any such notice, or for the manner or effect of any such vote, with or without instructions, or for not exercising any right to vote. In the absence of specific instructions from the holder of a ReceiptNotwithstanding anything contained in this Deposit Agreement or any ADR, the Depositary will abstain from voting may, to the extent not prohibited by law, regulations or applicable stock exchange requirements, in lieu of distribution of the Preferred Stock represented by materials provided to the Depositary Shares evidenced in connection with any meeting of, or solicitation of consents or proxies from, holders of Deposited Securities, distribute to the Holders of ADSs a notice that provides Holders of ADSs with a means to retrieve such materials or receive such materials upon request (i.e., by such Receipt. The Depositary shall not be required reference to a website containing the materials for retrieval or allowed to exercise discretion in voting any Preferred Stock represented by a contact for requesting copies of the Depositary Shares evidenced by such Receiptmaterials).

Voting Rights. Upon receipt issuance of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shallCompany shall direct the Depositary, as soon as practicable thereafter, to mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 determined as provided in Paragraph 15 will be entitled, subject to any applicable provision of law, the Company's Articles of Incorporation or the Express Terms, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees has agreed to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The After aggregating all voting Depositary shall not be required or allowed to exercise discretion in Shares, the Depositary will disregard for voting purposes any fractional share of Preferred Stock represented by the Depositary Shares evidenced by such Receiptremaining.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts Holder hereof a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts Holder hereof at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of law, of the Articles of Incorporation of the Company and of the Deposit Agreement, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective American Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request instruction of a holder of a Receipt the Holder hereof on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such this Receipt in accordance with the instructions set forth in such requestinstructions. To the extent any such instructions request the voting aggregate of the American Depositary Shares voted for and against a proposal do not constitute integral multiples of a fractional interest Unit, the remainders in excess of the highest integral multiple of a share Unit will be disregarded. In the absence of deposited Preferred Stockinstructions from the Holder hereof, such Holder shall be deemed, and the Depositary shall aggregate deem such interest Holder, to have instructed the Depositary to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, that such discretionary proxy shall not be given if the Company does not request such proxy to be given, and provided, further, that no such discretionary proxy shall be given with all respect to (i) any proposition (a) as to which the Depositary has knowledge of any shareholder contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or (ii) any other fractional interests resulting from requests with matter which may substantially affect the same voting instructions and shall vote the number rights or privileges of whole votes resulting from holders of such aggregation in accordance with the instructions received in such requestsStock or other Deposited Securities. The Company hereby agrees has agreed in the Deposit Agreement to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting Holder of which shall have furnished written instructions to the extent Depositary as aforesaid, in accordance with such instructions. Prior to requesting the delivery of a discretionary proxy upon the terms set forth herein, the Company shall deliver to the Depositary an opinion of the Preferred Stock represented by Company's counsel and a representation letter, in each case upon the terms contemplated in the Deposit Agreement. There can be no assurance that Holders generally or any Holder in particular will receive the notice described above with sufficient time to enable the Holder to return voting instructions to the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipta timely manner.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series H Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series H Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series H Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series H Preferred Stock or cause such Series H Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series H Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, by electronic mail or first-class postage prepaid mail, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent amount of the Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail transmit to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of written notice of any meeting at which the holders of deposited Class N Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Class N Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Class N Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes and any remaining fractional votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Class N Preferred Stock is entitled to 1,000 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Class N Preferred Stock or cause such Class N Preferred Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the applicable Class N Preferred Stock unless directed to the contrary by the record holders of all of the related Receipts) to the extent of the Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited Preferred Stock the Series A Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Series A Preference Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Series A Preference Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Series A Preference Shares or cause such Preferred Stock Series A Preference Shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Preferred Stock Series A Preference Shares represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon Subject to the provisions of the Company’s Second Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations), upon receipt from the Company of written notice of any meeting at which the holders of deposited Preferred shares of Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawlaws and restrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of Preferred shares of Stock represented by their respective Depositary Shares (including authority to give a discretionary proxy to a Person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount authorization referred to above, the votes relating to the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all such reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred shares of Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with votes cast pursuant to any instructions received from the other holders. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred of the Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles Supplementary, upon receipt of notice of any meeting at which the holders of deposited the Series D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock or cause such Series D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series D Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt issuance of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shallCompany shall direct the Depositary, as soon as practicable thereafter, to mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting (and, if applicable, such information as is provided together with such notice of meeting), (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 determined as provided in Paragraph 14 will be entitled, subject to any applicable provision of law, the Certificate of Incorporation or the Certificate of Designations, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees has agreed to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The After aggregating all voting Depositary shall not be required or allowed to exercise discretion in Shares, the Depositary will disregard for voting purposes any fractional share of Preferred Stock represented by the Depositary Shares evidenced by such Receiptremaining.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail provide to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Series D Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Series D Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Series D Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock Shares or cause such Series D Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. On such matters as the Preferred Stock is entitled, each share of Preferred Stock isentitled to one vote and, accordingly, each Depositary Share is entitled to 1/100th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method), to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/40 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts Holder hereof a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts Holder hereof at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of law, of the Articles of Incorporation of the Company and of the Deposit Agreement, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective American Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request timely receipt from a Holder of a holder ADSs as of a Receipt on the record date established by the Depositary pursuant to Section 4.06 of the Deposit Agreement of voting instructions in the manner specified by the Depositary for such record datepurpose, the Depositary shall vote endeavor, in so far as practicable and permitted under applicable law, the provisions of the Deposit Agreement, Articles of Incorporation of the Company and the provisions of the Deposited Securities, to vote, or cause the Custodian to be voted vote, the amount of Preferred Stock Deposited Securities (in person or by proxy) represented by the Depositary Shares evidenced by such Receipt Holder’s ADSs in accordance with such voting instructions. Notwithstanding anything contained in the instructions set forth Deposit Agreement or any ADR, the Depositary may, to the extent not prohibited by law, regulations or applicable stock exchange requirements, in lieu of distribution of the materials provided to the Depositary in connection with any meeting of, or solicitation of consents or proxies from, holders of Deposited Securities, distribute to the Holders a notice that provides Holders with a means to retrieve such requestmaterials or receive such materials upon request (i.e., by reference to a website containing the materials for retrieval or a contact for requesting copies of the materials). To the extent any such instructions request the voting aggregate of the American Depositary Shares voted for and against a proposal do not constitute integral multiples of a fractional interest Unit, the remainders in excess of the highest integral multiple of a share Unit will be disregarded. In the absence of deposited Preferred Stockinstructions from the Holder hereof, such Holder shall be deemed, and the Depositary shall aggregate deem such interest Holder, to have instructed the Depositary to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, that such discretionary proxy shall not be given if the Company does not request such proxy to be given, and provided, further, that no such discretionary proxy shall be given with all respect to (i) any proposition (a) as to which the Depositary has knowledge of any shareholder contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or (ii) any other fractional interests resulting from requests with matter which may substantially affect the same voting instructions and shall vote the number rights or privileges of whole votes resulting from holders of such aggregation in accordance with the instructions received in such requestsStock or other Deposited Securities. The Company hereby agrees has agreed in the Deposit Agreement to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting Holder of which shall have furnished written instructions to the extent Depositary as aforesaid, in accordance with such instructions. Prior to requesting the delivery of a discretionary proxy upon the terms set forth herein, the Company shall deliver to the Depositary an opinion of the Preferred Stock represented by Company’s counsel and a representation letter, in each case upon the terms contemplated in the Deposit Agreement. There can be no assurance that Holders generally or any Holder in particular will receive the notice described above with sufficient time to enable the Holder to return voting instructions to the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipta timely manner.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Class E Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Class E Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Class E Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Class E Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Class E Preferred Stock or cause such Class E Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall shall, to the extent possible, vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received; provided, that the instructions set forth in such request. To the extent any Depositary receives such instructions request the sufficiently in advance of such voting of a fractional interest of a share of deposited to enable it to so vote or cause such Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsStock to be voted. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person (other than the Depositary) designated by the Company) and (iii) a brief statement as to the manner in which such instructions may maybe be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record datedate (which shall be the same date as the record date for the Convertible Preferred Stock), the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In The Depositary will not vote shares of Convertible Preferred Stock to the absence of extent it does not receive specific written instructions from the holder holders of a Receipt, Depositary Shares representing the Depositary will abstain from corresponding Convertible Preferred Stock. Any voting instructions given hereunder shall be revocable to the same extent of as a proxy granted with respect to the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptthereby.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. The Depositary shall also forward to record holders of Receipts any related proxy materials furnished by the Company concerning action to be taken at such meeting. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such requestrequests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall vote the number of whole votes shares resulting from such aggregation in accordance with the instructions received in such requestsrequest. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary requested by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests, which can be mailed or transmitted by an authorized (including electronic) method. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Statement, upon receipt of notice of any meeting at which the holders of deposited the MuniFund Term Preferred Stock Shares of a series are entitled to vote, the Depositary Depository shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts evidencing Depositary Shares in respect of such MuniFund Term Preferred Shares, determined on the record date as set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Fund which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary Depository as to the exercise of the voting rights pertaining to the amount of MuniFund Term Preferred Stock Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depository to give a discretionary proxy to a person designated by the Fund) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary Depository shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with MuniFund Term Preferred Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company Fund hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary Depository in order to enable the Depositary Depository to vote such MuniFund Term Preferred Stock Shares or cause such MuniFund Term Preferred Stock Shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary Depository will abstain from voting to vote the extent of the MuniFund Term Preferred Stock Shares represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by other Holders of such ReceiptReceipts.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Series C Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Series C Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may maybe be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record datedate (which shall be the same date as the record date for the Convertible Preferred Stock), the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Convertible Preferred Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary Any voting instructions given hereunder shall not be required or allowed revocable to exercise discretion in voting any the same extent as a proxy granted with respect to the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receiptthereby.

Voting Rights. Upon receipt of notice of any meeting ------------- at which the holders of deposited Preferred Stock are entitled to votevote or any solicitation of consents in respect of Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting or consent solicitation and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted or deliver a consent with respect to the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt Receipt, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall vote the number of whole votes shares resulting from requests with the same voting instructions and shall vote the number of whole shares resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary Holders of Receipts shall not also be required or allowed entitled to exercise discretion in voting any Preferred Stock represented by vote on certain amendments to the Depositary Shares evidenced by such ReceiptDeposit Agreement pursuant to Section 6.01 hereof.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such Table of Contents aggregation in accordance with the instructions received in such requests. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders Holders of deposited the Series D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail transmit to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series D Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock or cause such Series D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series D Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series N Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series N Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series N Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series N Preferred Stock or cause such Series N Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series N Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series N Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders Holders of deposited shares of Class D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Class D Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder Holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Class D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a deposited share of deposited Class D Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole and fractional votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Class D Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of Class D Preferred Stock or cause such shares of Class D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting to the extent of the shares of Class D Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any shares of Class D Preferred Stock represented by the Depositary Shares evidenced by such Receipt. Holders of Receipts shall have no right to direct the vote of the shares of Class D Preferred Stock represented by the Depositary Shares evidenced by such Receipts other than in the manner provided in this Section 4.5.

Voting Rights. Upon receipt from the Company of written notice of any meeting at which the holders of deposited Preferred shares of Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawlaws and restrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of Preferred shares of Stock represented by their respective Depositary Shares (including authority to give a discretionary proxy to a Person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as is practicable vote or cause to be voted voted, in accordance with the amount authorization referred to above, the votes relating to the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all reasonable such action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred shares of Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred of the Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Series B Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail deliver to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Series B Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Series B Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockSeries B Preference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Series B Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Series B Preference Shares or cause such Preferred Stock Series B Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Series B Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.