Common use of Procedures for Voting and Consents Clause in Contracts

Procedures for Voting and Consents. The rules and procedures for calling and conducting any meeting of the holders of Series [C] Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules the Board of Directors or a duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Certificate of Incorporation, the By-Laws, applicable law and any national securities exchange or other trading facility on which the Series [C] Preferred Stock is listed or traded at the time. Whether the vote or consent of the holders of a plurality, majority or other portion of the shares of Series [C] Preferred Stock and any Voting Parity Preferred Stock has been cast or given on any matter on which the Holders of shares of Series [C] Preferred Stock are entitled to vote shall be determined by the Corporation by reference to the specified liquidation amounts of the shares voted or covered by the consent.

Procedures for Voting and Consents. The rules and procedures for calling and conducting any meeting of the holders of Series [CB] Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules the Board of Directors or a duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Certificate of Incorporation, the By-Laws, applicable law and any national securities exchange or other trading facility on which the Series [CB] Preferred Stock is listed or traded at the time. Whether the vote or consent of the holders of a plurality, majority or other portion of the shares of Series [CB] Preferred Stock and any Voting Parity Preferred Stock has been cast or given on any matter on which the Holders of shares of Series [CB] Preferred Stock are entitled to vote shall be determined by the Corporation by reference to the specified liquidation amounts of the shares voted or covered by the consent.

Procedures for Voting and Consents. The rules and procedures for calling and conducting any meeting of the holders Holders of Series [C] C Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules the Board of Directors or a duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Certificate of Incorporation, the ByCorporation's by-Lawslaws, applicable law and any national securities exchange or other trading facility facility, if any, on which the Series [C] C Preferred Stock is listed or traded at the time. Whether the vote or consent of the holders Holders of a plurality, majority or other portion of the shares of Series [C] Preferred Stock and any Voting Parity C Preferred Stock has been cast or given on any matter on which the Holders of shares of Series [C] C Preferred Stock are entitled to vote shall be determined by the Corporation by reference to the specified $1,000 per share liquidation preference amounts of the shares Series C Preferred Stock voted or covered by the consent.

Procedures for Voting and Consents. The rules and procedures for calling and conducting any meeting of the holders of Series [C] B Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules the Board of Directors or a duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Certificate Articles of Incorporation, the By-LawsBylaws, applicable law and any national securities exchange or other trading facility facility, if any, on which the Series [C] B Preferred Stock is listed or traded at the time. Whether the vote or consent of the holders of a plurality, majority or other portion of the shares of Series [C] B Preferred Stock and any Voting Parity Preferred Stock has been cast or given on any matter on which the Holders holders of shares of Series [C] B Preferred Stock are entitled to vote shall be determined by the Corporation by reference to the specified liquidation preference amounts of the shares Series B Preferred Stock and such other Voting Preferred Stock voted or covered by the consent.

Procedures for Voting and Consents. The rules and procedures for calling and conducting any meeting of the holders of Series [C] A Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules the Board of Directors or a duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Certificate of Incorporation, the By-LawsBylaws, applicable law and any national securities exchange or other trading facility facility, if any, on which the Series [C] A Preferred Stock or the Common Stock is listed or traded at the time. Whether the vote or consent of the holders of a plurality, majority or other portion of the shares of Series [C] A Preferred Stock and any Voting Parity Preferred Stock has been cast or given on any matter on which the Holders holders of shares of Series [C] A Preferred Stock are entitled to vote shall be determined by the Corporation by reference to the specified liquidation preference amounts of the shares Series A Preferred Stock and such other Voting Preferred Stock voted or covered by the consent.