Common use of Oversubscription Privilege Clause in Contracts

Oversubscription Privilege. If there are insufficient Excess Underlying Shares to satisfy all exercised Oversubscription Privileges, Excess Underlying Shares will be allocated among Rights Holders, including Qualified Financial Institutions (as defined below) that hold Rights for beneficial owners, who exercise the Oversubscription Privilege. Subject to the allocation and possible deduction described in Section 7(i) below, Excess Underlying Shares will be allocated pro rata among such Rights Holders based upon the number of Underlying Shares subscribed for pursuant to each such Rights Holder's Basic Subscription Privilege relative to the aggregate Underlying Shares subscribed for pursuant to the Basic Subscription Privilege by all such Rights Holders. To the extent that such pro rata allocation results in any Rights Holder being allocated more Excess Underlying Shares than such Rights Holder subscribed for pursuant to the Oversubscription Privilege, then such Rights Holder will be allocated only the number of Excess Underlying Shares subscribed for, and the remaining Excess Underlying Shares will be similarly and successively reallocated among all other Rights Holders exercising the Oversubscription Privilege. It will be the responsibility of Rights Holders to allocate prorated Excess Underlying Shares among any beneficial owners for which such Rights Holders are acting.

Oversubscription Privilege. If there are insufficient Excess Underlying Shares to satisfy all exercised Oversubscription Privileges, Excess Underlying Shares will be allocated among Rights Holders, including banks, brokers, trustees or other nominees (a "Qualified Financial Institutions (as defined belowInstitution") that hold Rights for beneficial owners, who exercise the Oversubscription Privilege. Subject to the allocation and possible deduction reduction described in Section 7(i7(g) below, Excess Underlying Shares will be allocated pro rata among such Rights Holders based upon on the number of Underlying Shares subscribed for pursuant to shares of CBNY Common Stock held by each such Rights Holder's Basic Subscription Privilege relative to Holder as of the Record Date as a percentage of the aggregate Underlying Shares subscribed for pursuant to number of shares of CBNY Common Stock owned by the Basic Subscription Privilege by all Rights Holders participating in the oversubscription as of such Rights Holdersdate. To the extent that such pro rata allocation results in any Rights Holder being allocated more Excess Underlying Shares than such Rights Holder subscribed for pursuant to the Oversubscription Privilege, then such Rights Holder will be allocated only the number of Excess Underlying Shares subscribed for, and the remaining Excess Underlying Shares will be similarly and successively reallocated among all other Rights Holders exercising the Oversubscription Privilege. It will be the responsibility of Rights Holders to allocate prorated Excess Underlying Shares among any beneficial owners for which such Rights Holders are acting.

Oversubscription Privilege. If there are insufficient Excess Underlying Shares to satisfy all exercised Oversubscription Privileges, Excess Underlying Shares will shall be allocated among Rights Holders, including Qualified Financial Institutions banks, brokers, trust companies, and other nominees (as defined beloweach, a "Nominee") that hold Rights for beneficial owners, who exercise the Oversubscription Privilege. Subject to the allocation and possible deduction reduction described in Section 7(i7(f) below, Excess Underlying Shares will shall be allocated pro rata among such Rights Holders based upon on the number of Underlying Shares subscribed for pursuant to shares of Common Stock that each such Rights Holder's Basic Subscription Privilege relative to the aggregate Underlying Shares subscribed for pursuant to Holder purchased under the Basic Subscription Privilege by all such Rights HoldersPrivilege. To the extent that such pro rata allocation results in any Rights Holder being allocated more Excess Underlying Shares than such Rights Holder subscribed for pursuant to the Oversubscription Privilege, then such Rights Holder will shall be allocated only the number of Excess Underlying Shares subscribed for, and the remaining Excess Underlying Shares will shall be similarly and successively reallocated among all other Rights Holders exercising the Oversubscription Privilege. It will shall be the responsibility of Rights Holders who are Nominees to allocate prorated Excess Underlying Shares among any beneficial owners for which such Rights Holders are acting.