(f) Interested Stockholder shall mean any individual, firm, corporation (other than the
Corporation) or other entity that, as of the record date for the determination of stockholders entitled to notice of and to vote on any of the transactions described in clauses (i) through (iv) of subsection (c) of this Section 3, or
immediately prior to the consummation of any such transaction, is the Beneficial Owner of 5% or more of the outstanding Voting Stock.
Section 1. Dividends. Dividends upon the capital stock of the Corporation, subject to
the restrictions of the Certificate of Incorporation, if any, may be declared by the Board of Directors at any regular or special meeting, and may be paid in cash, in property, or in shares of the capital stock. Before payment of any dividend, there
may be set aside out of any funds of the Corporation available for dividends such sum or sums as the Board of Directors from time to time, in its absolute discretion, deems proper as a reserve or reserves to meet contingencies, or for equalizing
dividends, or for repairing or maintaining any property of the Corporation, or for any proper purpose, and the Board of Directors may modify or abolish any such reserve.
Section 2. Disbursements. All checks or demands for money and notes of the Corporation shall be signed by such
officer or officers or such other person or persons as the Board of Directors may from time to time designate.
Fiscal Year. The fiscal year of the Corporation shall be a calendar year unless otherwise fixed by resolution of the Board of Directors.
Section 4. Books and Records. Subject to any provision of law or the Certificate of Incorporation, the books
and records of the Corporation may be kept at such place or places in Toledo, Ohio, or other place or places, within or without the State of Delaware, as may be designated from time to time by the Board of Directors of the Corporation.
Section 5. Notices. Whenever notice is required by law, the Certificate of Incorporation or these By-Laws to be given to any director, member of a committee or stockholder, such notice may be given by United States mail, addressed to such director, member of a committee or stockholder, at his or her address as
it appears on the records of the Corporation, with postage thereon prepaid, and such notice shall be deemed to be given at the time when the same shall be deposited in the United States mail. Except as otherwise required by law, notice may also be
given (i) personally, (ii) by nationally recognized express courier service, or (iii) by electronic facsimile, electronic mail transmission, or other electronic transmission, to the extent permitted by Section 232 of the Delaware
General Corporation Law. Notice given personally shall be deemed effective when given, notice given by express courier service shall be deemed to be given at the time and on the date recorded by the delivery service as the time and date of delivery,
and notice by electronic transmission shall deemed to be given as provided in Section 232 of the Delaware General Corporation Law.
Section 6. Waiver of Notice. Whenever any notice is required by law, the Certificate of Incorporation or
these By-Laws to be given to any director, member of a committee or stockholder, a waiver thereof in writing, signed, by the person or persons entitled to said notice, or a waiver by electronic transmission by
the person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent thereto.
Section 7. Income Tax Status. The Corporation is a real estate investment trust, and in order for the
Corporation to qualify and maintain this status, it must satisfy certain organizational and operational requirements, such as compliance with complex limitations on the type and amount of income and assets that a real estate investment trust may
receive or hold. There is no guarantee, however, that the Corporation will qualify or remain qualified as a real estate investment trust in any given taxable year, and the Board of Directors has no obligation to maintain the status of the
Corporation as a real estate investment trust under the Internal Revenue Code. The failure of the Corporation to qualify as a real estate investment trust under the Internal Revenue Code shall not render the directors or officers of the Corporation
liable to the stockholders or to any other person.
Section 8. Electronic Signatures, etc. Except as otherwise
required by the Certificate of Incorporation or these By-Laws (including, without limitation, as otherwise required by Section 11 of Article II), any document, including,