Common use of Voting Rights Clause in Contracts

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to one-tenth of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/100th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/400th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. If at any time, the holders of Company Preferred Securities are entitled to vote under the LLC Agreement, the Trustee shall: (i) notify the Holders of the Trust Preferred Securities of such right, (ii) request specific direction from each Holder as to the vote with respect to the Company Preferred Securities represented by such Holder's Trust Preferred Securities, and (iii) vote the relevant Company Preferred Securities only in accordance with such specific direction. Upon receipt of receiving notice of any meeting at which the holders of deposited Company Preferred Stock Securities are entitled to vote, the Depositary Trustee shall, as soon as practicable thereafterpracticable, mail to the record holders Holders of Receipts the Trust Preferred Securities a notice, which . The Company shall provide the form of notice to the Trustee to be provided by forwarded to the Company and which Holders of the Trust Preferred Securities. The notice shall contain contain: (i) such all the information as that is contained in such the notice announcing the meeting of meetingthe Company Preferred Securities, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will Trust Preferred Securities shall be entitled, subject to any applicable provision of law, to instruct direct the Depositary Trustee specifically as to the exercise of the voting rights pertaining to the amount number of the Company Preferred Stock Securities represented by their respective Depositary Shares Trust Preferred Securities, and (iii) a brief statement as to description of the manner in which the Holders of the Trust Preferred Securities may give such instructions may be givenspecific directions. Upon If the Trust receives a written request of direction from a holder of a Receipt on such record dateHolder, the Depositary Trustee shall vote vote, or cause to be voted voted, the amount of the Company Preferred Stock Securities represented by the Depositary Shares evidenced by such Receipt Holder's Trust Preferred Securities in accordance with the instructions set forth in such requestthe directions. To If the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of Trustee does not receive specific instructions from the holder of a Receiptany Holder, the Depositary will Trustee shall abstain from voting to the extent of the Company Preferred Stock Securities represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Holder's Trust Preferred Stock represented by the Depositary Shares evidenced by such ReceiptSecurities.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Convertible Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Convertible Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to vote, or other Deposited Securities the Depositary shallwill, as soon as practicable thereafter, mail to after fixing a record date for determining the record holders of American Depositary Receipts a noticeentitled to give instructions for the exercise of voting rights, which shall be provided by and after receipt from the Company and of notice of such meeting, mail to such holders a notice which shall will contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the record holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of the Company, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in procedure by which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request of a record holder of a Receipt on such record date, received on or before the date established by the Depositary shall for such purpose, the Depositary will endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To In the extent any such absence of instructions request from the voting record holder of a fractional interest of a share of deposited Preferred StockReceipt, the Depositary has agreed to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, such discretionary proxy shall aggregate not be given with respect to any proposition (a) as to which the Depositary has knowledge of any contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holders of such interest with all Stock or other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsDeposited Securities. The Company hereby agrees has agreed to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting record holder of which shall have furnished a written request setting forth instructions to the extent of Depositary as aforesaid, in accordance with the Preferred Stock represented by the Depositary Shares evidenced by instructions set forth in such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptrequest.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail provide to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Company’s Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations), upon receipt from the Company of written notice of any meeting at which the holders of deposited Preferred shares of Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawlaws and restrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of Preferred shares of Stock represented by their respective Depositary Shares (including authority to give a discretionary proxy to a Person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount authorization referred to above, the votes relating to the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all such reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred shares of Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with votes cast pursuant to any instructions received from the other holders. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred of the Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to votes and, accordingly, each Depositary Share is entitled to vote(s). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of written notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company Bank and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions (and as nearly as possible in the event the holder’s Depositary Shares represent a fractional Preferred Share) set forth in such request. To Each Preferred Share, when voting as a separate series, is entitled to 40 votes and, accordingly, each Depositary Share is entitled to one vote. On any matter in which the extent Preferred Shares are entitled to vote as a class with holders of any such instructions request the other shares upon which like voting of a fractional interest of a share of deposited rights have been conferred and are exercisable, each Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsShare will be entitled to one vote. The Company Bank hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20th of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall shall, to the extent possible, vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received; provided, that the instructions set forth in such request. To the extent any Depositary receives such instructions request the sufficiently in advance of such voting of a fractional interest of a share of deposited to enable it to so vote or cause such Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsStock to be voted. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. On such matters as the Preferred Stock is entitled, each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon receipt of notice from the Company of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or, if applicable, for a DTC Receipt, provide to DTC in accordance with DTC’s procedures) to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes votes, rounded down, resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/400th of a vote (except as otherwise provided in the Certificate of Amendment). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but shall appear at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, by electronic mail or first-class postage prepaid mail, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/25th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent amount of the Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares evidenced by the Receipts and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series C Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to votes and, accordingly, each Depositary Share is entitled to vote(s). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed determined pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of lawlaw and of the Certificate of Incorporation or the Authorizing Resolution, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall vote the number of whole votes shares resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific written instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designation, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail deliver, in accordance with Section 7.04, to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method), to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/40th of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. On such matters as the Preferred Stock is entitled, each share of Preferred Stock isentitled to one vote and, accordingly, each Depositary Share is entitled to 1/100th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafterafter receiving such notice, mail to the record holders Record Holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, to the extent practicable, the Depositary shall vote or cause to be voted voted, in accordance with the amount voting instructions set forth in such requests, the maximum number of Preferred whole shares of Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received, provided that the instructions set forth in such request. To the extent any Depositary receives such instructions request sufficiently in advance (as contemplated by the notice sent to the Record Holders of Receipts) of such voting to enable it to so vote or cause such Stock to be voted. If any holder of Depositary Shares instructs the Depositary to vote a fractional interest of a share of deposited Preferred Stock, the Depositary shall will aggregate such interest with all other fractional interests resulting from requests with the same voting instructions instruction and shall vote will submit the number of whole votes for whole shares of Stock resulting from such aggregation in accordance with the instructions received receive in such requests. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order determines are necessary to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be votedas instructed. In If the absence of Depositary does not receive specific voting instructions from the holder holders of a Receiptany Depositary Shares, the Depositary it will abstain from voting to the extent not vote an amount of the Preferred Stock represented by the such non-voting Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptShares.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Series A Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall to the extent possible vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Series A Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to the extent vote all shares of the Series A Preferred Stock represented held by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptit proportionately with instructions received.

Voting Rights. Upon receipt issuance of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shallCompany shall direct the Depositary, as soon as practicable thereafter, to mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting (and, if applicable, such information as is provided together with such notice of meeting), (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 determined as provided in Paragraph 14 will be entitled, subject to any applicable provision of law, the Certificate of Incorporation or the Certificate of Designations, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees has agreed to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The After aggregating all voting Depositary shall not be required or allowed to exercise discretion in Shares, the Depositary will disregard for voting purposes any fractional share of Preferred Stock represented by the Depositary Shares evidenced by such Receiptremaining.

Voting Rights. Upon Subject to the Certificate of Designation, upon receipt of notice from the Corporation of any meeting at which the holders Holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail transmit to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock or cause such Series D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series D Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate, upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record Record holders of Receipts a notice, by electronic mail or first-class postage prepaid mail, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record Record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record Record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/40th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent amount of the Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the all Receipts as to which any particular voting instructions set forth in such requestare received. To the extent any such instructions request the voting of a fractional interest of a share of the deposited Mandatory Convertible Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of the Mandatory Convertible Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/20th of a vote. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon receipt of timely notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafterthereafter and provided not prohibited by law, mail provide to the record holders Holders of Receipts ADSs a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders Holders of Receipts ADSs at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of Hitachi, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares ADSs, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by Hitachi. Upon the written request of a holder Holder of a Receipt ADSs on such record datedate received on or before the date established by the Depositary for such purpose, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt ADSs in accordance with the instructions set forth in such request. To If the extent Depositary does not receive instructions from a Holder on or before the date established by the Depositary for such purpose, such Holder shall be deemed, and the Depositary shall deem such Holder, to have instructed the Depositary to give a discretionary proxy to a person designated by Hitachi to vote the Deposited Securities (a) unless the Depositary has actual knowledge of any proxy contest as to the action to be taken regarding the items to be resolved at the meeting, (b) unless action is to be taken to authorize a merger, consolidation or amalgamation (except an amalgamation between Hitachi and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holders of such instructions request Stock or other Deposited Securities or (c) unless Hitachi advises the voting of Depositary in a fractional interest of a share of deposited Preferred Stocktimely received writing that it does not wish such discretionary proxy to be given; provided, that, the Depositary shall aggregate not have any obligation to give such interest with all discretionary proxy to a person designated by Hitachi if Hitachi shall not have delivered to the Depositary the representation letter described in the next paragraph. Prior to requesting delivery of a discretionary proxy upon the terms set forth in this Deposit Agreement, Hitachi shall deliver to the Depositary a representation letter from Hitachi (duly executed by a senior officer of Hitachi) (i) designating the person to whom any discretionary proxy should be given, (ii) confirming that Hitachi wishes such discretionary proxy to be given, and (iii) certifying that Hitachi has not and shall not request the discretionary proxy to be given as to any matter as to which a proxy contest arises, or which may materially adversely affect the rights of the holders of Stock or other fractional interests resulting from requests with Deposited Securities, or which authorizes a merger, consolidation or amalgamation (other than a merger, consolidation or amalgamation between Hitachi and one or more of its 100% owned Japanese subsidiaries). If at the same time of a vote, for any reason the Depositary is unable to obtain the representation letter substantially in the form described above, the Depositary shall not vote the Stock or other Deposited Securities as to which no voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestshave been received. The Company Hitachi hereby agrees to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause other Deposited Securities represented by every ADS, the Holder of which shall have furnished instructions to the Depositary as aforesaid, in accordance with the instructions set forth in such Preferred Stock request. So long as the Depositary shall act in good faith it shall not be responsible for any failure to be votedcarry out any instructions filed with it, or to comply with the provisions of any such notice, or for the manner or effect of any such vote, with or without instructions, or for not exercising any right to vote. In the absence of specific instructions from the holder of a ReceiptNotwithstanding anything contained in this Deposit Agreement or any ADR, the Depositary will abstain from voting may, to the extent not prohibited by law, regulations or applicable stock exchange requirements, in lieu of distribution of the Preferred Stock represented by materials provided to the Depositary Shares evidenced in connection with any meeting of, or solicitation of consents or proxies from, holders of Deposited Securities, distribute to the Holders of ADSs a notice that provides Holders of ADSs with a means to retrieve such materials or receive such materials upon request (i.e., by such Receipt. The Depositary shall not be required reference to a website containing the materials for retrieval or allowed to exercise discretion in voting any Preferred Stock represented by a contact for requesting copies of the Depositary Shares evidenced by such Receiptmaterials).

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person (other than the Depositary) designated by the Company) and (iii) a brief statement as to the manner in which such instructions may maybe be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record datedate (which shall be the same date as the record date for the Convertible Preferred Stock), the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In The Depositary will not vote shares of Convertible Preferred Stock to the absence of extent it does not receive specific written instructions from the holder holders of a Receipt, Depositary Shares representing the Depositary will abstain from corresponding Convertible Preferred Stock. Any voting instructions given hereunder shall be revocable to the same extent of as a proxy granted with respect to the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptthereby.

Voting Rights. Upon Subject to the provisions of the Certificate of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall shall, to the extent possible, vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received; provided, that the instructions set forth in such request. To the extent any Depositary receives such instructions request the sufficiently in advance of such voting of a fractional interest of a share of deposited to enable it to so vote or cause such Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsStock to be voted. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method) to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests, which can be mailed or transmitted by an authorized (including electronic) method. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon Subject to the provisions of the Company’s Second Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations), upon receipt from the Company of written notice of any meeting at which the holders of deposited Preferred shares of Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawlaws and restrictions, to instruct authorize the Depositary as to the exercise of the voting rights pertaining to the amount number of Preferred shares of Stock represented by their respective Depositary Shares (including authority to give a discretionary proxy to a Person designated by the Company) and (iii) a brief statement as to the manner in which such instructions authorization may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount authorization referred to above, the votes relating to the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by all Receipts as to which such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsauthorization has been received. The Company hereby agrees to take all such reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred shares of Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with votes cast pursuant to any instructions received from the other holders. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred of the Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders Holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail transmit to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Statement, upon receipt of notice of any meeting at which the holders of deposited the MuniFund Term Preferred Stock Shares of a series are entitled to vote, the Depositary Depository shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts evidencing Depositary Shares in respect of such MuniFund Term Preferred Shares, determined on the record date as set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Fund which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary Depository as to the exercise of the voting rights pertaining to the amount of MuniFund Term Preferred Stock Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depository to give a discretionary proxy to a person designated by the Fund) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary Depository shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with MuniFund Term Preferred Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company Fund hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary Depository in order to enable the Depositary Depository to vote such MuniFund Term Preferred Stock Shares or cause such MuniFund Term Preferred Stock Shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary Depository will abstain from voting to vote the extent of the MuniFund Term Preferred Stock Shares represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by other Holders of such ReceiptReceipts.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of the Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such shares of the Series C Preferred Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to the Series C Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the shares of the Series C Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts. The Depositary shall not be required or allowed to exercise discretion in voting any Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may maybe be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record datedate (which shall be the same date as the record date for the Convertible Preferred Stock), the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to such Convertible Preferred Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary Any voting instructions given hereunder shall not be required or allowed revocable to exercise discretion in voting any the same extent as a proxy granted with respect to the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receiptthereby.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with all Receipts as to which any particular voting instructions are received; provided, that the instructions set forth in such request. To the extent any Depositary receives such instructions request the sufficiently in advance of such voting of a fractional interest of a share of deposited to enable it to so vote or cause such Series B Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsStock to be voted. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series B Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Class E Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Class E Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Class E Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Class E Preferred Stock is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Class E Preferred Stock or cause such Class E Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Class E Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or otherwise transmit by an authorized method), to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/40 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to vote, or other Deposited Securities the Depositary shallwill, as soon as practicable thereafter, mail to the record holders of Receipts a noticepublish notice thereof, which shall be provided by the Company and which shall notice will contain (ia) such information as is contained in such notice of meetingmeeting and, in the judgment of the Depositary, is material to the exercise of voting rights, or a brief summary of the matters to be acted upon at such meeting together with a statement that a copy of an English translation of said notice is available for inspection at certain designated places (iiwhich shall be identified in such notice), and (b) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Articles of Incorporation of the Company, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in procedure by which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request of a holder of a Receipt, received on or before the date established by the Depositary for such purpose, and, if required by the Depositary, upon deposit of his Receipt or the coupon appertaining thereto at such place as is designated by the Depositary for such purpose, received on or before the date established by the Depositary for such record datepurpose, the Depositary shall will endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To In the extent any such absence of instructions request from the voting holder of a fractional interest of a share of deposited Preferred Stock, Receipt the Depositary has agreed to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, such discretionary proxy shall aggregate not be given with respect to any proposition (a) as to which the Depositary has knowledge of any contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except as amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or on any other matter which may affect substantially the rights or privileges of the holder of such interest with all Stock or other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsDeposited Securities. The Company hereby agrees has agreed to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from other Deposited Securities represented by every European Depositary Receipt, the holder of which shall, if required by the Depositary, have deposited such Receipt or coupon designated for such purposes and shall have furnished a Receipt, written request setting forth instructions to the Depositary will abstain from voting to as aforesaid, in accordance with the extent of the Preferred Stock represented by the Depositary Shares evidenced by instructions set forth in such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receiptrequest.

Voting Rights. Upon Subject to the Certificate of Designations, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series E Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series E Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series E Preferred Stock or cause such Series E Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series E Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, if requested in writing, as soon as practicable thereafter, mail deliver, in accordance with Section 7.04, to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the of holders of deposited Preferred Stock are entitled to voteor other Deposited Securities, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts Holder hereof a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the holders of Receipts Holder hereof at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of law, of the Articles of Incorporation of the Company and of the Deposit Agreement, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock or other Deposited Securities represented by their respective American Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company. Upon the written request instruction of a holder of a Receipt the Holder hereof on such record date, received on or before the date established by the Depositary for such purpose, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock or other Deposited Securities represented by the Depositary Shares evidenced by such this Receipt in accordance with the instructions set forth in such requestinstructions. To the extent any such instructions request the voting aggregate of the American Depositary Shares voted for and against a proposal do not constitute integral multiples of a fractional interest Unit, the remainders in excess of the highest integral multiple of a share Unit will be disregarded. In the absence of deposited Preferred Stockinstructions from the Holder hereof, such Holder shall be deemed, and the Depositary shall aggregate deem such interest Holder, to have instructed the Depositary to use its best efforts to give a discretionary proxy to a person designated by the Company; provided, however, that such discretionary proxy shall not be given if the Company does not request such proxy to be given, and provided, further, that no such discretionary proxy shall be given with all respect to (i) any proposition (a) as to which the Depositary has knowledge of any shareholder contest to the action to be taken at the meeting or (b) for the purpose of authorizing a merger, consolidation or amalgamation (except an amalgamation between the Company and one or more of its 100% owned Japanese subsidiaries) or (ii) any other fractional interests resulting from requests with matter which may substantially affect the same voting instructions and shall vote the number rights or privileges of whole votes resulting from holders of such aggregation in accordance with the instructions received in such requestsStock or other Deposited Securities. The Company hereby agrees has agreed in the Deposit Agreement to take all reasonable action that may which shall at any time be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred or cause to be voted the amount of Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a other Deposited Securities represented by every American Depositary Receipt, the Depositary will abstain from voting Holder of which shall have furnished written instructions to the extent Depositary as aforesaid, in accordance with such instructions. Prior to requesting the delivery of a discretionary proxy upon the terms set forth herein, the Company shall deliver to the Depositary an opinion of the Preferred Stock represented by Company's counsel and a representation letter, in each case upon the terms contemplated in the Deposit Agreement. There can be no assurance that Holders generally or any Holder in particular will receive the notice described above with sufficient time to enable the Holder to return voting instructions to the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipta timely manner.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Series D Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Series D Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Series D Preferred Share is entitled to 10 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock Shares or cause such Series D Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company (along with an updated registry of record holders of Receipts evidencing Depositary Shares as of the record date for such meeting to be provided by the Registrar) and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, by electronic mail or first-class postage prepaid mail, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent amount of the Preferred Stock represented by the such Depositary Shares evidenced by such ReceiptShares. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designation, upon receipt of notice of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall insofar as practicable vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be votedvoted as instructed. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to not vote the extent of the Series B Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptHolders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series H Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series H Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series H Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series H Preferred Stock or cause such Series H Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series H Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate, upon receipt of notice of any meeting at which the holders of deposited Preferred the Stock are entitled to vote, the Depositary Depository shall, as soon as practicable thereafter, mail to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledsuch Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary Depository as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depository to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary Depository shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such requestrequests, the maximum number of whole shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary Depository shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to one one-twenty-fifth of a vote. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary Depository in order to enable the Depositary Depository to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary Depository will abstain from voting not vote (but at its discretion, may appear at any meeting with respect to such Stock unless directed otherwise by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptHolders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series A Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series A Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/20 of a vote on such matters. The Company hereby agrees to take all reasonable action actions that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the be extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited Preferred Stock the Series A Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Series A Preference Shares represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Series A Preference Shares represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Series A Preference Shares or cause such Preferred Stock Series A Preference Shares to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Preferred Stock Series A Preference Shares represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited the Series G Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series G Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series G Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series G Preferred Stock or cause such Series G Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting vote, to the extent permitted by the rules of the New York Stock Exchange or any other applicable regulatory body, the Series G Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt issuance of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shallCompany shall direct the Depositary, as soon as practicable thereafter, to mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 determined as provided in Paragraph 15 will be entitled, subject to any applicable provision of law, the Company's Articles of Incorporation or the Express Terms, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares Shares, and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees has agreed to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The After aggregating all voting Depositary shall not be required or allowed to exercise discretion in Shares, the Depositary will disregard for voting purposes any fractional share of Preferred Stock represented by the Depositary Shares evidenced by such Receiptremaining.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series C Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series C Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series C Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series C Preferred Stock or cause such Series C Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series C Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of written notice of any meeting at which the holders of deposited Class N Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Class N Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Class N Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes and any remaining fractional votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Class N Preferred Stock is entitled to 1,000 votes and, accordingly, each Depositary Share is entitled to one vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Class N Preferred Stock or cause such Class N Preferred Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the applicable Class N Preferred Stock unless directed to the contrary by the record holders of all of the related Receipts) to the extent of the Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Class N Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Mandatory Convertible Preferred Stock are entitled to votevote or any solicitation of action by written consent of stockholders in lieu of a meeting, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Mandatory Convertible Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote (including, for the avoidance of doubt, by written consent) the amount of the Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Mandatory Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Mandatory Convertible Preferred Stock or cause such Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series D Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts (as determined on the record date fixed pursuant to Section 4.4) a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series D Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series D Preferred Stock or cause such Series D Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series D Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series D Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Series E Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail deliver to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Series E Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Series E Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request, which can be mailed or transmitted by an authorized (including electronic) method. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockSeries E Preference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Series E Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Series E Preference Shares or cause such Preferred Stock Series E Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Series E Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice 12.1 Holders will have voting rights with respect to the Deposited Shares. The Company has agreed to notify the Depositary of any meeting resolution to be proposed at which the holders a General Meeting of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall will vote or cause to be voted the amount Deposited Shares in the manner set out in this Condition 12. The Company has agreed with the Depositary that it will promptly provide to the Depositary sufficient copies, as the Depositary may reasonably request, of Preferred Stock represented notices of meetings of the shareholders of the Company and the agenda therefor as well as written requests containing voting instructions by which each Holder may give instructions to the Depositary to vote for or against each and any resolution specified in the agenda for the meeting, which the Depositary shall send to any person who is a Holder on the record date established by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary for that purpose (which shall aggregate such interest with all other fractional interests resulting from requests with be the same voting instructions and shall vote as the number corresponding record date set by the Company or as near as practicable thereto) as soon as practicable after receipt of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary same by the Depositary in order accordance with Condition 23. The Company has also agreed to provide to the Depositary appropriate proxy forms to enable the Depositary to appoint a representative to attend the relevant meeting and vote on behalf of the Depositary. 12.2 In order for each voting instruction to be valid, the voting instructions form must be completed and duly signed by the respective Holder (or in the case of instructions received from the clearing systems should be received by authenticated SWIFT message) in accordance with the written request containing voting instructions and returned to the Depositary by such Preferred Stock record date as the Depositary may specify. 12.3 The Depositary will exercise or cause such Preferred Stock to be voted. In exercised the absence voting rights in respect of specific the Deposited Shares so that a portion of the Deposited Shares will be voted for and a portion of the Deposited Shares will be voted against any resolution specified in the agenda for the relevant meeting in accordance with the voting instructions it has received. 12.4 If the Depositary is advised in the opinion referred to in Condition 12.7 below that it is not permitted by [nationality of Company] law to exercise the voting rights in respect of the Deposited Shares differently (so that a portion of the Deposited Shares may be voted for a resolution and a portion of the Deposited Shares may be voted against a resolution) the Depositary shall, if the opinion referred to in Condition 12.7 below confirms it to be permissible under [nationality of Company] law, calculate from the holder voting instructions that it has received from all Holders (x) the aggregate number of votes in favour of a Receipt, particular resolution and (y) the aggregate number of votes opposed to such resolution and cast or cause to be cast in favour of or opposed to such resolution the number of votes representing the net positive difference between such aggregate number of votes in favour of such resolution and such aggregate number of votes opposed to such resolution. 12.5 The Depositary will abstain from only endeavour to vote or cause to be voted the votes attaching to Shares in respect of which voting to the extent of the Preferred Stock represented instructions have been received, except that if no voting instructions are received by the Depositary (either because no voting instructions are returned to the Depositary or because the voting instructions are incomplete, illegible or unclear) from a Holder with respect to any or all of the Deposited Shares evidenced represented by such Receipt▇▇▇▇▇▇'s GDRs on or before the record date specified by the Depository, such Holder shall be deemed to have instructed the Depositary to give a discretionary proxy to a person designated by the Company with respect to such Deposited Shares, and the Depositary shall give a discretionary proxy to a person designated by the Company to vote such Deposited Shares, PROVIDED THAT no such instruction shall be deemed given, and no such discretionary proxy shall be given, with respect to any matter as to which the Company informs the Depositary (and the Company has agreed to provide such information in writing as soon as practicable) that (i) the Company does not wish such proxy to be given, or (ii) such matter materially and adversely affects the rights of holders of Shares. 12.6 If the Depositary is advised in the opinion referred to in Condition 12.7 below that it is not permissible under [nationality of Company] law or the Depositary determines that it is not reasonably practicable to vote or cause to be voted such Deposited Shares in accordance with Conditions 12.3, 12.4 or 12.5 the Depositary shall not vote or cause to be voted such Deposited Shares. 12.7 Where the Depositary is to vote in respect of each and any resolution in the manner described in Conditions 12.3, 12.4 or 12.5 above the Depositary shall notify the Chairman of the Company and appoint a person designated by him as a representative of the Depositary to attend such meeting and vote the Deposited Shares in the manner required by this Condition. The Depositary shall not be required or allowed to take any action required by this Condition 12 unless it shall have received an opinion from the Company's legal counsel (such counsel being reasonably acceptable to the Depositary) at the expense of the Company to the effect that such voting arrangement is valid and binding on Holders under [nationality of Company] law and the statutes of the Company and that the Depositary is permitted to exercise discretion votes in voting any Preferred Stock represented by accordance with the provisions of this Condition 12 but that in doing so the Depositary Shares evidenced by such Receiptwill not be deemed to be exercising voting discretion. 12.8 By continuing to hold GDRs, all Holders shall be deemed to have agreed to the provisions of this Condition as it may be amended from time to time in order to comply with applicable [nationality of Company] law. 12.9 The Depositary shall not, and the Depositary shall ensure that the Custodian and its nominees do not, vote or attempt to exercise the right to vote that attaches to the Deposited Shares, other than in accordance with instructions given in accordance with this Condition.]

Voting Rights. Upon receipt from the Company of notice of any meeting at which the holders of deposited Convertible Preferred Stock are entitled to votevote (including matters submitted to holders of the Common Stock as set forth in the Certificate of Designations), the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Convertible Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such record date, (which shall be the same date as the record date fixed by the Company with respect to the Convertible Preferred Stock), the Depositary shall insofar as practicable vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the all Receipts as to which any particular voting instructions set forth in such requestare received. To the extent any such instructions request the voting of a fractional interest of a share of deposited Convertible Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Convertible Preferred Stock or cause such Convertible Preferred Stock to be votedvoted in accordance with the instructions received by the Depositary. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to not vote the extent shares of the Convertible Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock that are represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designations, upon receipt of notice of any meeting at which the holders of deposited the Series B Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series B Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series B Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series B Preferred Stock or cause such Series B Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series B Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to [ ] vote and, accordingly, each Depositary Share is entitled to of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to voteHolders of Shares or other Deposited Securities, the Depositary shall, as soon as practicable thereafter, mail to the record holders Record Holders of Receipts of record on the record dated fixed pursuant to section 4.06 hereof, a notice, which shall be provided by the Company and notice which shall contain (ia) such information as is shall be contained in such notice of meeting, (iib) a statement that the holders Record Holders of Receipts at the close of business on a specified such record date fixed pursuant to Section 4.04 will shall be entitled, subject to any applicable provision provisions of lawlaw and of the Memorandum and Articles of Association of the Company, to instruct the Depositary as to the exercise of the voting rights rights, if any, pertaining to the amount number of Preferred Stock Shares or other Deposited securities represented by their respective Depositary Shares Receipts, and (iiic) a brief statement as to the manner in which such instructions may be given, including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a designated member or members of the Board of Directors of the Company. In all cases in which the Company shall send out proxy forms to the holders of Shares for use in voting at meetings of such holders where proposals other than those of a purely routine nature are to be considered, and such proxy forms are so worded that such a holder may on a poll vote either for or against each such proposal, the Depositary shall also enclose with the notice being mailed to such Record Holders material for instructing the Depositary as to the voting on a poll of the number of Shares represented by the Receipts held by such Record Holders in accordance with the wishes of such Record Holders. In all other cases the Depositary shall advise such Record Holders in such notice that forms for giving such instructions to the Depositary are available upon request at the office of the Depositary. Upon the written request of a holder Record Holder of a Receipt on such record date, received prior to the close of business on the fifth business day preceding the date for the holding of any meeting, the Depositary shall endeavor insofar as practicable to vote or cause to be voted on a poll the amount number of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the The Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall agrees not to vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary Shares represented by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific a Receipt unless it receives instructions from the holder Record Holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Designation, upon receipt from the Corporation of notice of any meeting at which the holders of deposited the shares of Series A Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date fixed pursuant to Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series A Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Preferred Stock or cause such Series A Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series A Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any shares of Series A Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles Supplementary, upon receipt of notice of any meeting at which the holders of deposited the Series [L] Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or electronically deliver to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series [L] Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series [L] Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series [L] Preferred Stock or cause such Series [L] Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series [L] Preferred Stock unless directed to the contrary by the Holders of all of the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Series [L] Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting ------------- or action to be taken by written consent at or as to which the holders of deposited Preferred the Stock are entitled to votevote or consent, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting or action and (ii) a statement that the informing holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to that they may instruct the Depositary as to the exercise of the voting rights or the giving or refusal of consent, as the case may be, pertaining to the amount of Preferred Stock represented by underlying their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the record datedate (which shall be the same date as the record date for the Stock), the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, or give or withhold consent with respect to, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Stock underlying the Depositary Shares evidenced by all Receipts as to which any particular voting or consent instructions received in such requestsare received. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be votedvoted or give or withhold consent with respect to such Stock. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting voting, or giving consents (but, at its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of a majority of the Receipts) to the extent of the Preferred Stock represented by underlying the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by Company also agrees that it will at all times comply with the Depositary Shares evidenced by such Receiptproxy rules of the Securities Exchange Act of 1934, as amended.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail (or, if applicable, provide to DTC in accordance with DTC’s procedures) to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 4.4 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes votes, rounded down, resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/10th of a vote (except as otherwise provided in the Certificate of Amendment). The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but shall appear at any meeting with respect to the Preferred Stock unless directed to the contrary by the record holders of all the related Receipts) to the extent of the shares of Preferred Stock (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate, upon receipt of notice from the Company of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders of Receipts Receipts, as determined on the record date fixed pursuant to Section 4.04, a notice, which shall be provided notice prepared by the Company and which that shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the such holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Company) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the holders of a Receipt Receipts on such the relevant record date, the Depositary shall to the extent possible vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from shares of Stock represented by the Depositary Shares evidenced by all Receipts as to which any particular voting instructions are received, provided that the Depositary receives such aggregation instructions sufficiently in accordance with the instructions received in advance of such requestsvoting to enable it to so vote or cause such Stock to be voted. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred shares of Stock or cause such Preferred Stock shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, in its discretion, not from appearing at any meeting with respect to such Stock unless directed to the contrary by the holders of all the Receipts) to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Articles of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series F Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, notice prepared by the Corporation which shall be provided by the Company and which shall contain contain: (i) such information as is contained in such notice of meeting, ; (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series F Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation); and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series F Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series F Preferred Stock or cause such Series F Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series F Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall insofar as practicable vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShare, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/100th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will not vote Depositary Shares held by it. In the absence of authorization from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the Preferred Shares unless directed to the contrary by the record holders of all the related Receipts) to the extent of the Preferred Stock Shares (or portion thereof) represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the applicable Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of any notice of any meeting at ------------- which the holders of deposited Cumulative Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts Depositary Shares a notice, which shall be provided in a form approved by the Company and Company, which shall contain (ia) such information as is contained in such notice of meeting, and (iib) a statement that the record holders of Receipts Depositary Shares at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision provisions of lawlaw and of the Restated Articles of Incorporation and the Statement of Resolution, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Cumulative Preferred Stock represented by underlying their respective Depositary Shares (including an indication that express instructions may be given to the Depositary to give discretionary voting power to a proxy designated by the Company), and (iii) a brief statement as to the manner in which such instructions may be given. The Depositary shall also forward to record holders of Depositary Shares any related proxy materials furnished by the Company concerning action to be taken at such meeting. Upon the written request of a record holder of a Receipt Depositary Shares on such record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Cumulative Preferred Stock represented by the underlying such Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Cumulative Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall direct the Depositary to vote the number of whole votes shares resulting from such aggregation in accordance with the instructions received in such requestsrequest. The Company hereby agrees to will take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Cumulative Preferred Stock or cause such Cumulative Preferred Stock to be voted. In the absence The Depositary shall vote shares of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Cumulative Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed with respect to exercise discretion which it has received no instruction in voting any Preferred Stock represented by conformity with the instructions it has received from the majority of those record holders of Depositary Shares evidenced by such Receiptwhich have given voting instruction.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail provide to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each share of Preferred Stock is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the vote all Depositary Shares evidenced held by such Receiptit in proportion with any instructions received. The Depositary shall not be required or allowed to exercise any discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon receipt of notice of any meeting ------------- at which the holders of deposited Preferred Stock are entitled to votevote or any solicitation of consents in respect of Stock, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and notice which shall contain (i) such information as is contained in such notice of meeting, meeting or consent solicitation and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledmay, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted or deliver a consent with respect to the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt Receipt, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest fraction of a share of deposited Preferred Stock, the Depositary shall aggregate such interest fraction with all other fractional interests fractions resulting from requests with the same voting instructions and shall vote the number of whole votes shares resulting from requests with the same voting instructions and shall vote the number of whole shares resulting from such aggregation in accordance with the instructions received in such requests. The Company hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock or cause such Preferred Stock to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting to the extent of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary Holders of Receipts shall not also be required or allowed entitled to exercise discretion in voting any Preferred Stock represented by vote on certain amendments to the Depositary Shares evidenced by such ReceiptDeposit Agreement pursuant to Section 6.01 hereof.

Voting Rights. Upon receipt of notice of any meeting at which the holders of deposited Preferred Stock Preference Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Preference Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall shall, insofar as practicable, vote or cause to be voted the amount of Preferred Stock Preference Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockPreference Share, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such Table of Contents aggregation in accordance with the instructions received in such requests. Each Preference Share is entitled to one vote and, accordingly, each Depositary Share is entitled to 1/1,000th of a vote. The Company hereby agrees to take all reasonable action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Preference Shares or cause such Preferred Stock Preference Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain refrain from voting to the extent of the Preferred Stock represented by the Depositary any Preference Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the provisions of the Certificate of Incorporation, upon receipt of notice of any meeting at which the holders of deposited the Series A Mandatory Convertible Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail send to the Record Holders of Receipts, determined on the record holders of Receipts date as set forth in Section 4.04, a notice, which shall be provided notice prepared by the Company and which Corporation that shall contain (ia) such information as is contained in such notice of meeting, meeting and (iib) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledRecord Holders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series A Mandatory Convertible Preferred Stock represented by their respective Series A Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Each Record Holder of Receipts on the record date (which shall be the same date as the record date fixed by the Corporation with respect to or otherwise in accordance with the terms of the Series A Mandatory Convertible Preferred Stock) may instruct the Depositary as to how to vote the amount of the Series A Mandatory Convertible Preferred Stock represented by such Record Holder’s Receipts in accordance with these instructions. Upon the written request of a holder the Record Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted the amount of Preferred Stock represented by the Depositary Shares evidenced by such Receipt voted, in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred Stockrequests, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the maximum number of whole votes resulting from such aggregation in accordance with shares of Series A Mandatory Convertible Preferred Stock represented by the Series A Depositary Shares evidenced by all Receipts as to which any particular voting instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series A Mandatory Convertible Preferred Stock or cause such Series A Mandatory Convertible Preferred Stock to be voted. In the absence of specific instructions from the holder Record Holders of a ReceiptReceipts, the Depositary will shall abstain from voting the Series A Mandatory Convertible Preferred Stock to the extent it does not receive such specific instructions from the Record Holders of the Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock represented by the Depositary Shares evidenced by such ReceiptReceipts.

Voting Rights. Upon Subject to the provisions of the Certificate of Amendment, upon receipt of notice of any meeting at which the holders of deposited the Series E Preferred Stock are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the record holders Record Holders of Receipts a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, meeting and (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitledHolders may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Series E Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a person designated by the Corporation) and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall use its best efforts to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series E Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series E Preferred Stock or cause such Series E Preferred Stock to be voted. In the absence of specific instructions from the holder Holders of a ReceiptReceipts, the Depositary will abstain from voting to vote the extent of the Series E Preferred Stock represented by the Depositary Shares evidenced by the Receipts of such Receipt. The Depositary shall not be required or allowed Holders proportionately with votes cast pursuant to exercise discretion in voting any Preferred Stock represented by instructions received from the Depositary Shares evidenced by such Receiptother Holders.

Voting Rights. Upon receipt of written notice of any meeting at which the holders of deposited Preferred Stock Shares are entitled to vote, the Depositary shall, as soon as practicable thereafter, mail to the record holders of Receipts a notice, which shall be provided by the Company and which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled, subject to any applicable provision of law, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount of Preferred Stock Shares represented by their respective Depositary Shares and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder of a Receipt on such record date, the Depositary shall vote or cause to be voted the amount of Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent any such instructions request the voting of a fractional interest of a share of deposited Preferred StockShares, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requests. Each Preferred Share is entitled to one vote on all matters as to which the Preferred Shares vote and, accordingly, each Depositary Share is entitled to 1/100 of a vote on such matters. The Company hereby agrees to take all reasonable such action that may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Preferred Stock Shares or cause such Preferred Stock Shares to be voted. In the absence of specific instructions from the holder of a Receipt, the Depositary will abstain from voting (but, at its discretion, not from appearing at any meeting with respect to the applicable Preferred Shares unless directed to the contrary by the record holders of all the related Receipts) to the extent of the Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise discretion in voting any Preferred Stock Shares represented by the Depositary Shares evidenced by such Receipt.

Voting Rights. Upon Subject to the Certificate of Designation, upon receipt of notice from the Corporation of any meeting at which the holders of deposited the Series F Preferred Stock are entitled to vote, the Depositary shall, if requested in writing and provided with all necessary information and documents, as soon as practicable thereafter, mail or transmit by such other method approved by the Depositary, in its reasonable discretion, to the Record Holders of Receipts, as determined on the record holders of Receipts date set forth in Section 4.4, a notice, which shall be provided notice prepared by the Company and Corporation which shall contain (i) such information as is contained in such notice of meeting, (ii) a statement that the holders Holders of Receipts at the close of business on a specified record date fixed pursuant to Section 4.04 will be entitled4.4 may, subject to any applicable provision of lawrestrictions, to instruct the Depositary as to the exercise of the voting rights pertaining to the amount shares of Series F Preferred Stock represented by their respective Depositary Shares (including an express indication that instructions may be given to the Depositary to give a discretionary proxy to a Person designated by the Corporation), and (iii) a brief statement as to the manner in which such instructions may be given. Upon the written request of a holder the Holders of a Receipt Receipts on such the relevant record date, the Depositary shall endeavor insofar as practicable to vote or cause to be voted voted, in accordance with the amount instructions set forth in such requests, the maximum number of whole shares of Series F Preferred Stock represented by the Depositary Shares evidenced by such Receipt in accordance with the instructions set forth in such request. To the extent all Receipts as to which any such instructions request the voting of a fractional interest of a share of deposited Preferred Stock, the Depositary shall aggregate such interest with all other fractional interests resulting from requests with the same particular voting instructions and shall vote the number of whole votes resulting from such aggregation in accordance with the instructions received in such requestsare received. The Company Corporation hereby agrees to take all reasonable action that which may be reasonably deemed necessary by the Depositary in order to enable the Depositary to vote such Series F Preferred Stock or cause such Series F Preferred Stock to be voted. In the absence of specific instructions from the holder Holder of a Receipt, the Depositary will abstain from voting not vote (but, at its discretion, may appear at any meeting with respect to such Series F Preferred Stock unless directed to the contrary by the Holders of all the Receipts) to the extent of the Series F Preferred Stock represented by the Depositary Shares evidenced by such Receipt. The Depositary shall not be required or allowed to exercise any discretion in voting any shares of the Series F Preferred Stock represented by the Depositary Shares evidenced by such Receipt.