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2009 (2)
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2009 (2)
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Last modified
11/17/2016 3:11:41 PM
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11/13/2016 10:16:29 PM
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Box 037
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e <br /> dividends on the Series A Preferred Shares shall <br /> begin to accrue from the date of issue of the <br /> 'series A Preferred Shares, or unless the date of <br /> issue is a Quarterly Dividend Payment Date or is a <br /> elate after the record date, for the determination <br /> cif holders of Series A Preferred Shares entitled <br /> to receive a Quarterly Dividend and before such <br /> Quarterly Dividend Payment Date, in either of <br /> which events such dividends shall begin to accrue <br /> I <br /> nd be cumulative from such Quarterly Dividend <br /> Payment Date. <br /> (4) Accrued but unpaid dividends shall not bear <br /> interest . Dividends paid on the Series A <br /> Preferred Shares in an amount less than the total <br /> amount of such dividends at the time accrued and <br /> p4yable on the Series A Preferred Shares shall be <br /> allocated pro rata on a share-by-share basis among <br /> all the Series A Preferred Shares at the time <br /> outstanding. The Board of Directors may fix a <br /> record date for the determination of holders of <br /> Series A Preferred Shares entitled to receive <br /> payment of a dividend or distribution declared <br /> tt%ereon, which record date shall be no more than <br /> 60 days prior to the date fixed for the payment <br /> thereof. <br /> D. Liguidation, Dissolution or Windinci Up. <br /> f <br /> d <br /> (1) Upon any liquidation, dissolution, or winding up <br /> of, the Company, no distribution shall be made to <br /> tha holders of shares ranking junior (either as to <br /> dividends or upon liquidation, dissolution, or <br /> wijlding up) to the Series A Preferred Shares <br /> unless, prior thereto, the holders of Series A <br /> Pr(,.ferred Shares have received $10 . 00 per share, <br /> plus an amount equal to accrued and unpaid <br /> di4idends and distributions on the Series A <br /> Preferred Shares, whether or not declared, to the <br /> date of such payment (the "Series A Liquidation <br /> PrEference") . Following the payment of the full <br /> amount of the Series A Liquidation Preference, no <br /> additional distributions shall be made to the <br /> holders of Series A Preferred Shares unless, prior <br /> thereto, the holders of Common Shares have <br /> received an amount per share (the "Common <br /> • Adjustment") equal to the quotient obtained by <br /> dividing (i) the Series A Liquidation Preference <br /> by ! (ii) 100 (as appropriately adjusted in <br /> 11+l -5- <br /> 9 <br />
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