Common use of Voting Right Clause in Contracts

Voting Right. If and whenever dividends on the Series C Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C Preferred Stock as to payment of dividends, and upon which voting rights equivalent to those granted by this Section 7(c) have been conferred and are exercisable, have not been paid in an aggregate amount equal, as to any class or series, to at least six quarterly Dividend Periods (whether consecutive or not), the number of directors constituting the board of directors of the Corporation shall be increased by two, and the holders of the Series C Preferred Stock (together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist), shall have the right, voting separately as a single class without regard to series, to the exclusion of the holders of Common Stock, to elect two directors of the Corporation to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that the board of directors of the Corporation shall at no time include more than two such directors. Each such director elected by the holders of shares of Series C Preferred Stock and any other class or series of preferred stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Director.”

Voting Right. If and whenever dividends on the Series C I Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C I Preferred Stock as to payment of dividends, and upon which voting rights equivalent to those granted by this Section 7(c) have been conferred and are exercisable, have not been paid in an aggregate amount equal, as to any class or series, to at least six quarterly Dividend Periods (whether consecutive or not), the number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C I Preferred Stock (together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist), shall have the right, voting separately as a single class without regard to series, to the exclusion of the holders of Common Stock, to elect two directors of the Corporation to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that the board Board of directors of the Corporation Directors shall at no time include more than two such directors. Each such director elected by the holders of shares of Series C I Preferred Stock and any other class or series of preferred stock that ranks on parity with the Series C I Preferred Stock as to payment of dividends is a “Preferred Director.”

Voting Right. If and whenever dividends on the Series C [H] Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C [H] Preferred Stock as to payment of dividends, and upon which voting rights equivalent to those granted by this Section 7(c) have been conferred and are exercisable, have not been paid in an aggregate amount equal, as to any class or series, to at least six quarterly Dividend Periods (whether consecutive or not), the number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C [H] Preferred Stock (together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist), shall have the right, voting separately as a single class without regard to series, to the exclusion of the holders of Common Stock, to elect two directors of the Corporation to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that the board Board of directors of the Corporation Directors shall at no time include more than two such directors. Each such director elected by the holders of shares of Series C [H] Preferred Stock and any other class or series of preferred stock that ranks on parity with the Series C [H] Preferred Stock as to payment of dividends is a “Preferred Director.”

Voting Right. If and whenever dividends on the Series C X Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C X Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”

Voting Right. If and whenever dividends on the Series C Y Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C Y Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”

Voting Right. If and whenever dividends on the Series C W Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C W Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”

Voting Right. If and whenever dividends on any shares of the Series C Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C Preferred Stock as to payment of dividends, and upon which similar voting rights equivalent to those granted by this Section 7(c) have been conferred and are exercisable, shall have not been declared and paid in for an aggregate amount equalequal to six or more Dividend Periods, as to any class whether or series, to at least six quarterly not for consecutive Dividend Periods (whether consecutive or nota “Nonpayment”), the number Board of directors constituting the board of directors of the Corporation shall Directors will be increased expanded by two, two members and the holders of the Series C Preferred Stock (together with holders of any and all other class classes of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist), shall have the right, voting separately ) will be entitled to vote together as a single class without regard to series, (to the exclusion of the holders of Common Stock, to elect common stock) for the election of two directors of the Corporation to fill such newly created directorships vacancies (and to fill any vacancies in the terms of such directorships“Preferred Directors”), provided that the board of directors election of the Preferred Directors shall not cause the Corporation to violate the corporate governance requirement of the New York Stock Exchange (or any other exchange on which the Corporation’s securities may be listed) that listed companies must have a majority of independent directors, and provided further that the Board of Directors shall at no time include more than two such directors. Each such director elected by the holders of shares of Series C Preferred Stock and any other class or series of preferred stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred DirectorDirectors.”

Voting Right. If and whenever dividends on the Series C U Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C U Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”

Voting Right. If and whenever dividends on the Series C V Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C V Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”

Voting Right. If and whenever dividends on the Series C Z Preferred Stock or any other class or series of preferred stock that ranks on parity with the Series C Z Preferred Stock as to payment of dividends, dividends and upon which voting rights equivalent to those granted by this Section 7(c7(b)(i) have been conferred and are exercisable, exercisable (any such class or series being referred to herein as “dividend parity stock”) have not been declared and paid in an aggregate amount equal, as to any class or series, to at least three semi-annual or six quarterly Dividend Periods dividend periods, as applicable, (whether consecutive or not) (a “Nonpayment”), the authorized number of directors constituting the board Board of directors of the Corporation Directors shall be increased by two, and the holders of the Series C Preferred Stock (Holders, together with holders of any other class of the Corporation’s authorized preferred stock having equivalent voting rights, whether or not the holders of such preferred stock would be entitled to vote for the election of directors if such default in dividends did not exist)dividend parity stock, shall have the right, voting separately as a single class without regard to class or series (and with voting rights allocated pro rata based on the liquidation preference of each such class or series), to the exclusion of the holders of Common Stock, to elect two directors of the Corporation Company to fill such newly created directorships (and to fill any vacancies in the terms of such directorships), provided that it shall be a qualification for election of any such director that the board election of directors such director shall not cause the Company to violate the corporate governance requirements of the Corporation New York Stock Exchange (or other exchange on which the Company’s securities may be listed) that listed companies must have a majority of independent directors and further provided that the Board of Directors shall at no time include more than two such directors. Each such director elected by the Holders together with holders of shares of Series C Preferred Stock and any other class or series of preferred dividend parity stock that ranks on parity with the Series C Preferred Stock as to payment of dividends is a “Preferred Stock Director.”