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Sunday, November 14, 2010 10:12:26 AM
Dear Trust Preferred Securities Holder Letter
http://sec.gov/Archives/edgar/data/710507/000144511610000035/ex99_1.htm
Proposal 1: To amend Sections 4.3 and 5.6 of the Indenture, each of which sets forth various restrictions on the Company’s activities during a Deferral Period, to:
(i) allow the Company or a subsidiary or affiliate of the Company to issue its capital stock in exchange for or upon conversion of outstanding capital stock of the Company or any subsidiary or affiliate or for outstanding indebtedness of the Company ranking pari passu with or junior to the Debentures (which would include any tranche of junior subordinated debentures relating to trust preferred securities) during a Deferral Period;
(ii) permit the Company to exchange any trust preferred securities that it beneficially owns for an equal principal amount of corresponding junior subordinated debentures and then cancel such indebtedness during a Deferral Period; and
(iii) permit the Company to acquire less than all of any outstanding Debentures or any of the Trust Preferred Securities during a Deferral Period.
Proposal 2: To add a new Section 8.20 to the Trust Agreement to direct the Property Trustee to cancel any Trust Preferred Securities held and surrendered to it by the Company, which would then permit the Trustee under the Indenture to cancel the corresponding indebtedness.
Proposal 3: To amend Section 6.1 of the Guarantee Agreement, which sets forth the same restrictions on the Company’s activities during a Deferral Period as are listed in Sections 4.3 and 5.6 of the Indenture, to conform to the Proposed Amendments set forth in Proposal 1 above.
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