SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

Table of Contents
Dividend Stopper
Repurchase of Junior Securities
Redemption
Maturity
Mandatory Conversion
Preferred Stock; this rate will further increase to 15.5% of the
liquidation preference commencing with the dividend period
relating to the dividend payment date on March 31, 2009, and to
17% of the liquidation preference commencing with the dividend
period relating to the dividend payment date on September 30,
2009. Notwithstanding the foregoing sentence, dividends on the
Series G Preferred Stock will always be paid at the higher of the
Special Dividend rate and the dividend rate payable on an asconverted
basis on the common stock during the applicable
dividend period.
Dividends on the Series G Preferred Stock are non-cumulative. If
the board of directors does not declare a dividend on the Series G
Preferred Stock in respect of any dividend period, the holders
will have no right to receive any dividend for that dividend
period, and we will have no obligation to pay a dividend for that
dividend period.
Subject to limited exceptions, if full quarterly dividends payable
on all outstanding shares of the Series G Preferred Stock for any
dividend period have not been declared and paid, we will not be
permitted to declare or pay dividends with respect to, or redeem,
purchase or acquire, any of our junior securities during the next
succeeding dividend period.
For as long as the Series G Preferred Stock is outstanding, we are
prohibited from redeeming, purchasing or acquiring any shares
of common stock or other junior securities, subject to limited
exceptions.
The Series G Preferred Stock is not redeemable by the holders,
but may be redeemed by the Company beginning on April 29,
2013 at a redemption price per share equal to the greater of
(i) 125% of the liquidation preference and (ii) the average of the
closing prices of the common stock for the ten trading days
ending on the sixth trading day prior to the date of redemption
multiplied by the number of shares of common stock into which
one share of Series G Preferred Stock would be convertible on
such date if such shares of Series G Preferred Stock were
converted on that date following receipt of the Stockholder
Approvals relating to the Series G Preferred Stock, together with
(x) an amount equal to any dividends that have been declared but
not paid prior to the redemption date and (y) an amount equal to
any dividends for periods after such issuance for which
dividends were not declared and paid prior to the redemption
date.
The Series G Preferred Stock is perpetual, meaning it has no
fixed maturity date.
The Series G Preferred Stock is mandatorily convertible into
shares of common stock on the fifth business day after which the
Stockholder Approvals relating to the Series G Preferred Stock
have been received. The number of shares of common stock into
which a share of Series G Preferred Stock will be convertible
will be determined by dividing the liquidation preference by the
then applicable conversion price. No fractional shares of
common stock will be issued. Upon conversion, cash will be
paid in lieu of fractional
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