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This excerpt taken from the C 10-Q filed Nov 6, 2009. (a) Rate. Holders shall
be entitled to receive, if, as and when declared by the Board of Directors, the
Preferred Stock Committee or any other duly authorized committee thereof, but
only out of assets legally available therefor, non-cumulative cash dividends on
the liquidation preference of $25,000 per share of Series AA Preferred
Stock, and no more, payable quarterly in arrears on each February 15, May 15,
August 15 and November 15; provided, however,
if any such day is not a Business Day, then payment of any dividend otherwise
payable on that date will be made on the next succeeding day that is a Business
Day, unless that day falls in the next calendar year, in which case payment of
such dividend will occur on the immediately preceding Business Day (in either
case, without any interest or other payment in respect of such delay) (each
such day on which dividends are payable a “Dividend Payment Date”). The period from and including the date of
issuance of the Series AA Preferred Stock or any Dividend Payment Date to,
but excluding, the next Dividend Payment Date is a “Dividend Period.” Dividends on each share of Series AA
Preferred Stock will accrue on the liquidation preference of $25,000 per share
at a rate per annum equal to 8.125%. The record date for payment of dividends
on the Series AA Preferred Stock will be the fifteenth day of the calendar
month immediately preceding the month during which the Dividend Payment Date
falls or such other record date fixed by the Board of Directors, the Preferred
Stock Committee or any other duly authorized committee thereof that is not more
than 30 nor less than 10 days prior to such Dividend Payment Date (each, a “Dividend
Record Date”). Any such day that is
a Dividend Record Date will be a Dividend Record Date whether or not such day
is a Business Day. The amount of
dividends payable will be computed on the basis of a 360-day year of twelve
30-day months.
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