Common use of No Suspension of Trading In or Delisting of Common Stock; Other Events Clause in Contracts

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, without limitation, the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares (including, without limitation, the Issuance Shares) shall have been approved (subject only to notice of issuance) for listing or quotation on and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iii) below) any of the following: (i) trading in securities on the Principal Market shall have been generally suspended or there shall have been a material disruption in settlement in securities generally, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market by the Commission or by the Principal Market, (iii) a general banking moratorium shall have been declared by federal or New York State authorities, or (iv) there shall have occurred any outbreak or escalation of major hostilities in which the United States is involved, any declaration of war by the United States Congress or any other substantial national or international calamity, crisis or emergency (including, without limitation, acts of terrorism) affecting the United States, in any such case provided for in clauses (i) through (iv) with the result that, in the judgment of the Sales Agent, the offering, sale or delivery of the Common Shares on the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impaired.

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, without limitation, the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority Authority, Inc. since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares (including, without limitation, the Issuance Shares) shall have been approved (subject only to notice of issuance) for listing or quotation on and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iii) below) any of the following: (i) trading in securities on the Principal Market shall have been generally suspended or there shall have been a material disruption in settlement in securities generally, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market by the Commission or by the Principal Market, (iii) a general banking moratorium shall have been declared by federal or New York State authorities, or (iv) there shall have occurred any outbreak or escalation of major hostilities in which the United States is involved, any declaration of war by the United States Congress or any other substantial national or international calamity, crisis or emergency (including, without limitation, acts of terrorism) affecting the United States, in any such case provided for in clauses (i) through (iv) with the result that, in the judgment of the Sales Agent, the offering, sale or delivery of the Common Shares on the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impaired.

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, without limitation, the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares (including, without limitation, the Issuance Shares) shall have been approved (subject only to notice of issuance) for listing or quotation on and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iii) below) any of the following: (i) trading in securities on the Principal Market shall have been generally suspended or there shall have been a material disruption in settlement in securities generally, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market by the Commission or by the Principal Market, (iii) a general banking moratorium shall have been declared by federal or New York State authorities, or (iv) there shall have occurred any outbreak or escalation of major hostilities in which the United States is involved, any declaration of war by the United States Congress or any other substantial national or international calamity, crisis or emergency (including, without limitation, acts of terrorism) affecting the United States, in any such case provided for in clauses (i) through (iv) with the result that, in the judgment of the Sales AgentBNYMCM, the offering, sale or delivery of the Common Shares on the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impaired.. NY3 3010214.11 191960 000001 5/8/2009 02:51pm

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, including without limitation, limitation the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares (including, including without limitation, limitation the Issuance Shares) shall have been approved for listing or quotation on (subject only to notice of issuance) for listing or quotation on and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iiiii) below) any of the following: (i) if trading in securities generally on the Principal American Stock Exchange, the New York Stock Exchange, the Pacific Stock Exchange or The Nasdaq Stock Market shall has been suspended or materially limited, or minimum and maximum prices for trading have been generally suspended or there shall have been a material disruption in settlement in securities generallyfixed, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market required, by the Commission any of said exchanges or by such system or by order of the Principal MarketCommission, the National Association of Securities Dealers, Inc. or any other governmental authority or a material disruption has occurred in commercial banking or securities settlement or clearance services in the United States; (ii) a general moratorium on commercial banking activities in New York declared by either federal or New York state authorities; or (iii) a general banking moratorium shall have been declared by federal material adverse change in the financial or New York State authorities, securities markets in the United States or (iv) there shall have occurred any the outbreak or escalation of major hostilities in which involving the United States is involved, any or the declaration of war by the United States Congress of a national emergency or any other substantial national or international calamitywar, crisis or emergency (including, without limitation, acts if the effect of terrorism) affecting the United States, in any such case provided for event specified in clauses this clause (iiii) through (iv) in the reasonable judgment of BNYCMI makes it impractical or inadvisable to proceed with the result that, in the judgment purchase of the Sales Agent, the offering, sale or delivery of the Common Shares on from the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impairedCompany.

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, including without limitation, limitation the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority National Association of Securities Dealers, Inc. since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares Stock (including, including without limitation, limitation the Issuance Shares) shall have been approved (for listing or quotation on, subject only to notice of issuance) for listing issuance at or quotation on prior to the Settlement Date, and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iiiii) below) any of the following: (i) trading in securities generally on the Principal Market shall New York Stock Exchange has been suspended or materially limited, or minimum and maximum prices for trading have been generally suspended or there shall have been a material disruption in settlement in securities generallyfixed, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market required, by the Commission such exchange or by order of the Principal MarketCommission, the National Association of Securities Dealers, Inc. or any other governmental authority or a material disruption has occurred in commercial banking or securities settlement or clearance services in the United States; (iiiii) a general banking moratorium shall have been in New York declared by either federal or New York State authorities, ; or (iviii) there shall have occurred any outbreak or escalation of major hostilities material adverse change in which the United States is involved, any declaration of war by the United States Congress or any other substantial national or international calamity, crisis or emergency (including, without limitation, acts of terrorism) affecting financial markets in the United States, any new outbreak of hostilities or any material escalation of existing hostilities, any acts of terrorism involving the United States or other calamity or crisis or any change or development involving a prospective change in national or international political, financial or economic conditions, if the effect of any such case provided for event specified in clauses this clause (iiii) through (iv) in the reasonable judgment of BNYCMI makes it impractical to proceed with the result that, in the judgment purchase of the Sales Agent, the offering, sale or delivery of the Common Shares on from the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impairedCompany.

No Suspension of Trading In or Delisting of Common Stock; Other Events. The trading of the Common Stock (including, without limitation, the Issuance Shares) shall not have been suspended by the Commission, the Principal Market or the Financial Industry Regulatory Authority since the immediately preceding Settlement Date or, if there has been no Settlement Date, the Closing Date, and the Common Shares (including, without limitation, the Issuance Shares) shall have been approved (subject only to notice of issuance) for listing or quotation on and shall not have been delisted from the Principal Market. There shall not have occurred (and be continuing in the case of occurrences under clause (i) and (iii) below) any of the following: (i) trading in securities on the Principal Market shall have been generally suspended or there shall have been a material disruption in settlement in securities generally, (ii) minimum or maximum ranges for prices shall have been generally established on the Principal Market by the Commission or by the Principal Market, (iii) a general banking moratorium shall have been declared by federal or New York State authorities, or (iv) there shall have occurred any outbreak or escalation of major hostilities in which the United States is involved, any declaration of war by the United States Congress or any other substantial national or international calamity, crisis or emergency (including, without limitation, acts of terrorism) affecting the United States, in any such case provided for in clauses (i) through (iv) with the result that, in the judgment of the Sales AgentBarclays, the offering, sale or delivery of the Common Shares on the terms and in the manner contemplated by this Agreement and the Final Supplemented Prospectus shall have been materially impaired.