Common use of Additional Dividends Clause in Contracts

Additional Dividends. The Company and the Initial Purchasers agree that the Holders of Exchangeable Preferred Stock will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional dividends on the Exchangeable Preferred Stock or the Private Exchange Preferred Stock (in either case, "Additional Dividends") under the circumstances and to the -------------------- extent set forth in the Certificate of Designation and the Private Exchange Certificate, respectively. The Company shall notify the Transfer Agent within one business day after each and every date on which an event occurs in respect of which Additional Dividends are required to be paid (an "Event Date"). Any Additional Dividends will ---------- be payable in accordance with the Certificate of Designation and the Private Exchange Certificate on the next following dividend payment date. The Company agrees to make available to the Transfer Agent certificates representing additional shares of Private Exchange Preferred Stock to be paid as Additional Dividends on or prior to the interest payment date.

Additional Dividends. The Company and the Initial Purchasers agree that the Holders of Exchangeable Preferred Stock will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional dividends on the Exchangeable Preferred Stock or the Private Exchange Preferred Stock (in either case, "Additional Dividends") under the circumstances and to the -------------------- extent set forth in the Certificate of Designation and the Private Exchange Certificate, respectively. The Company shall notify the Transfer Agent within one business day after each and every date on which an event occurs in respect of which Additional Dividends are required to be paid (an "Event Date"). Any Additional Dividends will ---------- be payable in accordance with the terms of the Certificate of Designation and the Private Exchange Certificate on the next following dividend payment date. The Company agrees to make available to the Transfer Agent certificates representing additional shares of Private Exchange Preferred Stock to be paid as Additional Dividends on or prior to the interest dividend payment date.