Common use of Failure to Redeem Clause in Contracts

Failure to Redeem. In the event that the limitations set forth above ----------------- in Section IX.B prevent the redemption of all of the Series B Preferred Stock on the Maturity Date, any unredeemed Series B Preferred Stock shall be redeemed as set forth in Section IX.A as soon as additional funds become legally available for redemption of Series B Preferred Stock. Until the Redemption Price for a share of Series B Preferred Stock has been paid to the registered Holder thereof in full, such share of Series B Preferred shall continue to be outstanding and governed by all of the terms of this Certificate of Designations and such share shall continue to accrue dividends at the rate provided in Section III.A and shall remain fully convertible in accordance with this Certificate of Designations.

Failure to Redeem. In the event that the limitations set forth above ----------------- in Section IX.B prevent the redemption of all of the Series B A Preferred Stock on the Maturity Date, any unredeemed Series B A Preferred Stock shall be redeemed as set forth in Section IX.A as soon as additional funds become legally available for redemption of Series B A Preferred Stock. Until the Redemption Price for a share of Series B A Preferred Stock has been paid to the registered Holder thereof in full, such share of Series B A Preferred shall continue to be outstanding and governed by all of the terms of this Certificate of Designations and such share shall continue to accrue dividends at the rate provided in Section III.A and shall remain fully convertible in accordance with this Certificate of Designations.