are payable only if declared by our Board of Directors (or a duly authorized committee of the Board), and we are not obligated to redeem the Series B Preferred Stock or otherwise make any payments on the liquidation preference of the Series B Preferred Stock. As a result, holders of the depositary shares represen

by the parties, including appropriate representations, warranties and covenants. The Series C Preferred shall have pan passu rights to the Series B Preferred Stock (the "Series B Preferred") including, but not limited to, as applicable, dividends, liquidation preference, conversion, anti-dilution, redemption,