EFTA Document EFTA01365537

Legal Provisions Applicable to Payments on the Preferred Shares Any dividends paid by the Fiscal Agent to holders of the Preferred Shares will be payable in accordance with applicable law out of distributable profits of the Issuer and/or out of the Issuer's sham premium account. No payments may be made to Shareholders (including redemption payments) if the Issuer (as determined by its board of directors) is not able to pay its debts as they fall due in the ordinary• course of business