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SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

SEC Follow Up Exhibits Part C SEC_OEA_FCIC_001760-2501

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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 />

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