SECTION 1.18. Depositary Share shall mean a 1/1000th fractional interest of a share of Preferred Stock deposited with the Depositary hereunder and the same proportionate interest in any and all other property received by the Depositary in respect of such share of Preferred Stock and held under this Deposit Agreement, all as evidenced by the Receipts issued hereunder. Subject to the terms of this Deposit Agreement, each owner of a Depositary Share is entitled, proportionately, to all the rights, preferences and privileges of the Preferred Stock represented by such Depositary Share, including the dividend and distribution, voting, redemption, conversion and liquidation rights as set forth in the Certificate of Designation.
SECTION 1.19. Depositarys Agent shall mean one or more agents appointed by the Depositary as provided, and for the purposes specified, in Section 7.05 hereof.
SECTION 1.20. DTC shall have the meaning set forth in Section 2.02 hereof.
SECTION 1.21. Exchange Act shall mean the Securities Exchange Act of 1934, as amended.
SECTION 1.22. NYSE shall mean the New York Stock Exchange or a successor that is a national securities exchange registered under Section 6 of the Exchange Act.
SECTION 1.23. Preferred Stock shall mean the Companys ___% Series A Cumulative Perpetual Preferred Stock, $0.0001 par value per share, heretofore validly issued, fully paid and non-assessable.
SECTION 1.24. Optional Redemption Right shall have the meaning set forth in Section 2.03 hereof.
SECTION 1.25. Receipt shall mean a depositary receipt issued hereunder to evidence one or more Depositary Shares, whether in definitive or temporary form, substantially in the form set forth as Exhibit A hereto.
SECTION 1.26. record date shall mean the date fixed pursuant to Section 4.04 hereof.
SECTION 1.27. record holder or holder as applied to a Receipt shall mean the person in whose name a Receipt is registered on the books maintained by the Depositary for such purpose.
SECTION 1.28. redemption date shall have the meaning set forth in Section 2.03 hereof.
SECTION 1.29. Registrar shall mean Continental Stock Transfer & Trust Company, or any bank or trust company appointed to register ownership and transfers of Receipts or the deposited Preferred Stock, as the case may be, as herein provided.
SECTION 1.30. Securities Act shall mean the Securities Act of 1933, as amended.
SECTION 1.31. Signature Guarantee shall have the meaning set forth in Section 2.05 hereof.
SECTION 1.32. Special Damages shall have the meaning set forth in Section 5.08 hereof.
SECTION 1.33. Special Optional Redemption Right shall have the meaning set forth in Section 2.03 hereof.