Common use of Oversubscription Privilege Clause in Contracts

Oversubscription Privilege. Subject to the allocation described below, each Subscription Right shall also carry the right (the "OVERSUBSCRIPTION PRIVILEGE") to subscribe for Underlying Shares at the Subscription Price, up to the aggregate number of Underlying Shares not subscribed through the Basic Subscription Privilege (such number, the "EXCESS SHARES"). If the Excess Shares are insufficient to satisfy all of the subscriptions pursuant to the Oversubscription Privilege, the Excess Shares shall be allocated pro rata among those holders of Subscription Rights exercising such Oversubscription Privilege in proportion to the number of Underlying Shares that each such holder exercising the Oversubscription Privilege has requested pursuant to the Oversubscription Privilege; provided, however, that (i) no fractional Underlying Shares shall be allocated, but, in lieu thereof, each holder of Subscription Rights exercising the Oversubscription Privilege who otherwise would be entitled to a fraction of an Underlying Share shall receive a number of Underlying Shares rounded to the nearest whole number and (ii) if such pro rata allocation results in any Subscription Rights holder being allocated a greater number of Excess Shares than such holder subscribed for pursuant to the exercise of such holder's Oversubscription Privilege, then such additional Excess Shares shall be allocated pro rata among all other holders exercising the Oversubscription Privilege in proportion to the number of Underlying Shares that each such other holder exercising the Oversubscription Privilege has requested pursuant to the Oversubscription Privilege. All beneficial holders of Subscription Rights who exercise the Basic Subscription Privilege shall be entitled to exercise the Oversubscription Privilege. In respect of the Oversubscription Privilege, Underlying Shares shall be entered into the transfer books of the Surviving Corporation in the name of each subscriber as soon as practicable following the Closing Date and after all prorations have been effected. Funds received, if any, in payment of the Subscription Price for Excess Shares subscribed for pursuant to the Oversubscription Privilege prior to notification by the Subscription Agent of the allocation of Excess Shares shall be held in a segregated account pending issuance of the Excess Shares. If a Subscription Rights holder exercising the Oversubscription Privilege is allocated less than all of the Excess Shares to which such holder wished to subscribe pursuant to the Oversubscription Privilege, the excess funds paid by such holder in respect of the Subscription Price for Excess Shares not issued shall be returned by mail without interest or deduction as soon as practicable after the Closing Date.

Oversubscription Privilege. Subject to the allocation described below, each Subscription Right shall also carry the right (the "OVERSUBSCRIPTION PRIVILEGE") to subscribe for Underlying Shares at the Subscription Price, up to the aggregate number of Underlying Series A Preferred Shares not subscribed sold by the Company through the exercise of Rights in the Basic Subscription will be offered by means of the Oversubscription Privilege to the Record Date Stockholders who have exercised all exercisable Rights issued to them. Record Date Stockholders such as broker-dealers, banks, and other professional intermediaries who hold shares of Common Stock on behalf of clients, may participate in the Oversubscription Privilege for the client if the client fully exercises all Rights attributable to the client. (such numbera) If subscriptions for Series A Preferred Shares through the Oversubscription Privilege exceed the Series A Preferred Shares available for sale after the Basic Subscription, the "EXCESS SHARES"). If Series A Preferred Shares will be allocated among those who oversubscribe based on the Excess number of Rights originally issued to them, so that the number of Series A Preferred Shares are insufficient issued to satisfy all of the subscriptions Record Date Stockholders who subscribe pursuant to the Oversubscription Privilege, the Excess Shares shall Privilege will generally be allocated pro rata among those holders of Subscription Rights exercising such Oversubscription Privilege in proportion to the number of Underlying shares of Common Stock owned by them on the Record Date. The percentage of remaining Series A Preferred Shares each oversubscribing Record Date Stockholder may acquire may be rounded up or down to result in delivery of whole shares. The allocation process may involve a series of allocations in order to assure that each such the total number of shares available for Oversubscriptions is distributed on a pro rata basis. A Record Date Stockholder who is not allocated the full amount of shares that the holder exercising the Oversubscription Privilege has requested subscribes for pursuant to the Oversubscription Privilege; provided, however, that (i) no fractional Underlying Shares shall be allocated, but, in lieu thereof, each holder of Subscription Rights exercising the Oversubscription Privilege who otherwise would be entitled to a fraction of an Underlying Share shall will receive a number refund of Underlying Shares rounded to the nearest whole number and (ii) if such pro rata allocation results in any Subscription Rights holder being allocated a greater number of Excess Shares than Price paid by such holder subscribed for pursuant shares that are not allocated to the exercise of and purchased by such holder's Oversubscription Privilege, then such additional Excess Shares shall . Such refund will be allocated pro rata among all other holders exercising made by a check mailed by the Oversubscription Privilege in proportion to the number of Underlying Shares that each such other holder exercising the Oversubscription Privilege has requested pursuant to the Oversubscription Privilege. All beneficial holders of Subscription Rights who exercise the Basic Subscription Privilege shall be entitled to exercise the Oversubscription Privilege. In respect of the Oversubscription Privilege, Underlying Shares shall be entered into the transfer books of the Surviving Corporation in the name of each subscriber as soon as practicable following the Closing Date and after all prorations have been effected. Funds received, if any, in Agent. (b) If a Registered Holder does not deliver full payment of the Subscription Price for Excess the number of Series A Preferred Shares indicated as being subscribed for pursuant to through the Oversubscription Privilege prior to notification by the Subscription Agent exercise of the allocation of Excess Shares shall be held in a segregated account pending issuance of the Excess Shares. If a Subscription Rights holder exercising the Oversubscription Privilege is allocated less than all of the Excess Shares to which such holder wished to subscribe pursuant to the Oversubscription Privilege, then such Registered Holder will be deemed to have exercised the Oversubscription Privilege to purchase the maximum number of Series A Preferred Shares determined by dividing the total Subscription Price paid (in excess funds paid by such holder in respect of the Subscription Price for Excess the number of Series A Preferred Shares not issued shall be returned such holder purchased through the exercise of Rights in the Basic Subscription) by mail without interest or deduction as soon as practicable after the Closing DateSubscription Price per share; provided, that such Registered Holder is a Record Date Stockholder who fully exercised all of his Rights in the Basic Subscription.