29.03.2013 Views

SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Table of Contents<br />

The market price of our common stock may be volatile, which will also affect the market price of the Series G Preferred Stock.<br />

We cannot predict how the shares of our common stock will trade in the future. In addition, to the extent that a secondary market<br />

for the Series G Preferred Stock develops, we believe that the market price of the Series G Preferred Stock will be significantly<br />

affected by the market price of our common stock. This may result in greater volatility in the market price of the Series G Preferred<br />

Stock than would be expected for nonconvertible preferred stock. From January 1, 2005 to May 15, 2008 the reported high and low<br />

sales prices for our common stock ranged from a low of $5.77 per share to a high of $10.80 per share. The market price of our<br />

common stock will likely continue to fluctuate in response to a number of factors including, without limitation, the following:<br />

• weakness in the real estate market, including the secondary residential loan markets, has<br />

adversely affected us and may continue to do so;<br />

• our real estate portfolios are exposed to weakness in the U.S. housing markets and the overall<br />

state of the economy;<br />

• the residential mortgage loan market and business have adversely affected our credit ratings;<br />

• the allowance for loan losses may prove inadequate or be negatively affected by credit risk<br />

exposures;<br />

• we could experience difficulties in managing growth and effectively integrating acquisitions;<br />

• if we do not adjust to rapid changes in the financial services industry, our financial performance<br />

may suffer;<br />

• future governmental regulation and legislation could limit future growth;<br />

• changes in interest rates could reduce income and cash flows; and<br />

• our results of operations and ability to make distributions to securities holders depend upon the<br />

results of operations of our subsidiaries.<br />

The market price of our common stock may also be affected by market conditions affecting the stock markets in general,<br />

including, without limitation, changes in general economic, financial and other market conditions; changes in securities analysts’<br />

estimates of financial performance; volatility of securities market prices and volumes; rumors or erroneous information; changes in<br />

market valuations of similar companies; changes in interest rates; new developments or exceptions regarding the financial services<br />

banking industry; changes in quarterly or annual operation results or outlook; changes in competitive conditions; continuing<br />

consolidation in the financial services industry; new litigation or changes in existing litigation; regulatory actions and changes in rules<br />

or policies; changes in accounting policies and procedures; losses and customer bankruptcies, claims and assessments. These<br />

conditions may result in (i) volatility in the level of, and fluctuations in, the market prices of stocks generally and, in turn, our<br />

common stock and (ii) sales of substantial amounts of our common stock in the market, in each case that could be unrelated or<br />

disproportionate to changes in our operating performance. These broad market fluctuations may adversely affect the market prices of<br />

our common stock, and, in turn, the Series G Preferred Stock.<br />

In addition, we expect that the market price of the Series G Preferred Stock will be influenced by yield and interest rates in the<br />

capital markets, our creditworthiness and the occurrence of events affecting us that do not require an adjustment to the conversion<br />

price.<br />

There may be future sales or other dilution of our equity, which may adversely affect the market price of our common stock or the<br />

Series G Preferred Stock.<br />

We are not restricted from issuing additional common stock or preferred stock, including any securities that are convertible into<br />

or exchangeable for, or that represent the right to receive, common stock or preferred stock or any substantially similar securities. The<br />

market price of our common stock or preferred stock could<br />

S-7

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!