EX-1.6 4 dex16.htm FORM % SERIES B CUMULATIVE REDEEMABLE PREFERRED Prepared by R.R. Donnelley Financial -- Form % Series B Cumulative Redeemable Preferred
Exhibit 1.6
 
Incorporated under the laws of
the State of Maryland
 
BRE PROPERTIES, INC.
 
Certificate
Number
   
Shares
 
This Certificate is transferable in
New York City or Ridgefield Park, New Jersey
 
See Reverse for Certain Definitions
 
Par Value $0.01 Per Share
   
CUSIP 05564E 40 3
 
This Certifies that                          is the owner of                         fully paid and non-assessable Shares of 8.08% Series B Cumulative Redeemable Preferred Stock of BRE Properties, Inc., transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate is not valid until countersigned by the transfer agent and registered by the registrar.
 
The holder and every transferee or assignee of this Certificate or of the Shares represented hereby or of any interest therein accepts and agrees to be bound by the terms, conditions and limitations of the Articles of Incorporation and all amendments thereof and supplements thereto.
 
Witness the facsimile seal of the Corporation, and the facsimile signatures of its duly authorized officers.
 
DATED:
 
  
Edward F. Lange, Jr.,
Secretary and
Chief Financial Officer
  
Frank McDowell,
President
 
Countersigned and Registered:
        
       
Mellon Investor Services LLC,
Transfer Agent and Registrar
Authorized Signature
        

 
[Form of Reverse of Certificate]
 
In order to maintain qualification of the corporation as a real estate investment trust under applicable provisions of the Internal Revenue Code, the Board of Directors of the Corporation may, in accordance with the terms of the Articles of Incorporation, as the same may be amended from time to time, redeem or restrict the transfer of the Shares represented by this Certificate. The Corporation will furnish information about those restrictions to any stockholder on request and without charge.
 
The Corporation will furnish to any stockholder on request and without charge a full statement of the designations and any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications and terms and conditions of redemption of the stock of each class which the Corporation is authorized to issue of the differences in the relative rights and preferences between the shares of each series of a preferred or special class in series which the Corporation is authorized to issue, to the extent they have been set, and the authority of the Board of Directors to set the relative rights and preferences of subsequent series of a preferred or special class of stock. Such request may be made to the Secretary of the Corporation or to its transfer agent.
 
Keep this Certificate in a safe place. If it is lost, stolen, or destroyed, the Corporation will require a bond of indemnity as a condition to the issuance of a replacement certificate. The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations:
 
TEN COM
  
— as tenants in common
  
UNIF GIFT MIN ACT—
  
             Custodian             
TEN ENT     
  
— as tenants by entireties
      
(Cust)                    (Minor)
JT TEN        
  
— as joint tenants with right of
    survivorship and not as
    tenants in common
      
under Uniform Gifts to Minors
Act                    
          (State)
COM PROP
  
— as community property
        
 
Additional abbreviations may also be used through not in the above list.
 
FOR VALUE RECEIVED,                          hereby sell, assign and transfer unto
 
Please Insert Social Security or Other
Identifying Number of Assignee
     
      
   
 
 
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS OF ASSIGNEE)
 
  
Shares of
Preferred Stock represented by the within Certificate and do hereby irrevocably constitute and appoint
 
attorney
to transfer the same on the books of the within-named Corporation, with full power of substitution in the premises.
 
NOTICE: The Signature to this Assignment must correspond with the name as written upon the face of the Certificate in every particular, without alteration or enlargement or any change whatever.

2

 
Dated
  
           
       
(SIGN HERE)
  
           
NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.
      
Signature(s) Guaranteed:
       
           
THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM) PURSUANT TO S.E.C. RULE 17AD-15.