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This excerpt taken from the C 10-Q filed Nov 6, 2009. (b) Non-Cumulative
Dividends. If the Board
of Directors, the Preferred Stock Committee or any other duly authorized
committee thereof does not declare a dividend on the Series AA Preferred
Stock for any Dividend Period prior to the related Dividend Payment Date, that
dividend will not accrue, and the Company will have no obligation to pay, and
Holders shall have no right to receive, a dividend for that Dividend Period on
the related Dividend Payment Date or at any future time, whether or not
dividends on the Series AA Preferred Stock or any other series of
preferred stock or common stock are declared for any subsequent Dividend Period
with respect to Series AA Preferred Stock, Parity Stock, Junior Stock or
any other class or series of authorized preferred stock of the Company. References herein to the “accrual” of
dividends refer only to the determination of the amount of such dividend and do
not imply that any right to a dividend arises prior to the date on which a
dividend is declared.
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