Common Contracts
2 similar Replacement Capital Covenant contracts by Lehman Brothers Holdings Inc, Wells Fargo & Co/Mn
RecitalsReplacement Capital Covenant • September 10th, 2008 • Wells Fargo & Co/Mn • National commercial banks
amount (i) only to the extent that it can do so and simultaneously satisfy its future fixed or contingent obligations under other securities and derivative instruments that provide for settlement or payment in shares of Common Stock or (ii) if the Corporation cannot increase the Share Cap amount as contemplated in the preceding clause, by requesting its Board of Directors to adopt a resolution for stockholder vote at the next occurring annual stockholders meeting to increase the number of shares of its authorized Common Stock for purposes of satisfying its obligations to pay deferred Distributions;
RecitalsReplacement Capital Covenant • February 12th, 2008 • Lehman Brothers Holdings Inc • Security brokers, dealers & flotation companies
shareholders meeting occurring at least four months after the date on which the Share Cap has been reached to increase the number of shares of its authorized Common Stock for purposes of satisfying its obligations to pay deferred Distributions;
