Common use of Notice of Optional Redemption; Selection of Notes Clause in Contracts

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading three Business Days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 45 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the issuance of a Redemption Notice with respect to the Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide elect to choose a Redemption Date that is a Business Day not less than 15 nor more than 60 calendar days after the date the Company sends such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, each Holder so to be subject to one redeemed as a whole or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentin part. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. Notwithstanding anything to the contrary in this Indenture, the Company shall not, and the Company shall not be permitted to, send a Redemption Notice so long as, as of the date of the Redemption Notice, the Company shall have failed to file all reports and other materials required to be filed by Section 13 or 15(d) of the Exchange Act, as applicable, during the preceding 12 months, after giving effect to all applicable grace periods thereunder and other than reports on Form 8-K unless (x) the Company is then otherwise permitted to settle conversions of Notes by Cash Settlement (and, for the avoidance of doubt, the Company has not elected another Settlement Method to apply, including pursuant to Sections 14.01(b)(ii), 14.02(a)(i), (iii) or (vi)) and (y) such Redemption Notice provides that conversions of any Called Notes will be settled by Cash Settlement.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 Scheduled 60 Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, that if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. The Company may not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date. (b) The Redemption Notice, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Redemption Notice or any defect in the Redemption Notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. (c) Each Redemption Notice shall specify: (i) the Redemption Date; (ii) the Redemption Price; (iii) that on the Redemption Date, the Redemption Price will become due and payable upon each Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Redemption Date; (iv) the place or places where such Notes are to be surrendered for payment of the Redemption Price; (v) that Holders called (or deemed called) for redemption may surrender their Notes for conversion at any time prior to the close of business on the Scheduled Trading Day immediately preceding the Redemption Date; (vi) the procedures a converting Holder must follow to convert its Notes and the Settlement Method and Specified Dollar Amount, if applicable; (vii) the Conversion Rate; 80 (viii) the CUSIP, ISIN or other similar numbers, if any, assigned to such Notes; and (ix) in case any Note is to be redeemed in part only, the portion of the principal amount thereof to be redeemed and on and after the Redemption Date, upon surrender of such Note, a new Note in principal amount equal to the unredeemed portion thereof shall be issued, which principal amount must be $1,000 or an integral multiple thereof. A Redemption Notice shall be irrevocable. An Optional Redemption may not be conditional. If the Company calls any Note for Optional Redemption pursuant to this Article 16, then after the close of business on the second Scheduled Trading Day prior to the Redemption Date, the right to convert such Note shall expire, unless the Company defaults in the payment of the Redemption Price, in which case a Holder of the Note called for Optional Redemption may convert such Note (or a portion thereof) until the close of business on the Trading Day immediately preceding the date on which the Redemption Price has been paid or duly provided for. (d) If the Company elects to redeem fewer than all of the outstanding Notes, the Notes to be redeemed will be selected according to the Depositary’s applicable procedures, in the case of Notes represented by a Global Note, or, in the case of Notes represented by Physical Notes, by lot, on a pro rata basis or by another method the Trustee deems to be appropriate and fair. If the Trustee selects a portion of any Holder’s Notes for partial redemption and such Holder converts a portion of such Notes, the converted portion shall be deemed (so far as may be possible) to be from the portion selected for redemption. (e) If the Company elects to redeem fewer than all of the outstanding Notes, after giving effect to such redemption, at least $150,000,000 aggregate principal amount of the Notes shall be outstanding and not subject to such redemption as of the date the Redemption Notice is delivered. Section 16.03.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However) and provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide deliver such Notice of Redemption Notice not less than 30 15 nor more than 45 60 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, Date to each Holder so to be subject to one redeemed as a whole or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentin part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a the “Redemption Date”) ), which must be a Business Day, and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption Notice,” and the date on which such Redemption Notice is delivered, the “Redemption Notice Date”) not less than 60 55 Scheduled Trading Days nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; (provided, however, that, that if the Company shall give elects Physical Settlement for all conversions of Called Notes in respect of such noticeRedemption Notice with a Conversion Date that occurs during the related Redemption Period, it shall also give the Company may provide not less than 15 nor more than 45 calendar days’ written notice of prior to the Redemption Date Date) to the Trustee and Trustee, the Conversion Agent (if other than the Trustee), the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date ) and each Holder of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day. The Redemption Notice, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, the failure to deliver such Redemption Notice or any defect in the Redemption Notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 calendar days nor more than 45 calendar days prior to 65 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However) and provided, if further, if, in accordance with the provisions described in Section 14.02(a)(ii), ‎Section 14.02(a)(iii) the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide deliver such Notice of Redemption Notice not less than 30 15 nor more than 45 60 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, Date to each Holder so to be subject to one redeemed as a whole or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentin part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0115.01, it shall fix a date for redemption (each, a “Redemption Date”) and it (or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, ) shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part); provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee. The Redemption Date will be a Business Day selected by the Paying Agent (if other Company that is not less than 35 nor more than 60 Scheduled Trading Days after the Trustee)date the Company sends the related Redemption Notice. However, if in accordance with Section 14.02(a)(ii13.02(a)(iii), the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date of the Company sends such Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide elect to select a Redemption Date that is a Business Day not less than 15 nor more than 60 calendar days after the date such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentsent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, or any part of the Notes pursuant to Section 16.015.02 of this Supplemental Indenture, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 45 calendar days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver provide or cause to be delivered provided a notice of such Optional Redemption (a “Redemption Notice”) not more than 60 calendar days and not less than 60 nor more than 70 Scheduled Trading Days 30 calendar days prior to the Redemption Date to each Holder of Notes so to be so redeemed as a whole or in partpart by first-class mail at its last address as the same appears on the Note register or delivered electronically as to Notes held through the Depositary in accordance with the Depositary’s customary procedures; provided, however, that, if the Company shall give such noticeprovides the Redemption Notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. Unless the Company defaults in payment of the Redemption Price, on and after the Redemption Date, interest will cease to accrue on the Notes or portions of the Notes called for redemption.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 25 nor more than 70 45 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it the Company (or, at its the Company’s written request (with such request including an Officer’s Certificate requesting that the Trustee give such Redemption Notice, setting forth the information to be stated in such Redemption Notice as provided in ‎Section 16.02(c), and stating that all conditions precedent to the delivery of such Redemption Notice have been or will be complied with) received by the Trustee not less than 75 Scheduled Trading at least one Business Day in the case of Global Notes (or five Business Days in the case of Physical Notes) prior to the date of giving the Redemption Date Notice (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, ) shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; providedpart (provided that if, howeverin accordance with ‎Section 14.02, thatthe Company elects to settle all conversions of Notes called for redemption (or deemed called for redemption pursuant to Section 14.01(b)(v)) with a Conversion Date that occurs during the related Redemption Period by Physical Settlement, if then the Company shall give provide such notice, it shall also give written notice of not less than 15 nor more than 60 calendar days before the Redemption Date Date) to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date Paying Agent and each Holder of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 45 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date (provided that if, in accordance with the provisions described in Section 14.02, the Company elects to each Holder settle all conversions of Notes so to be redeemed called for redemption (or deemed called for redemption as described in Section 14.01(b)(ii)) with a whole or in part; providedConversion Date that occurs during the related Redemption Period by Physical Settlement, however, that, if then the Company shall give such notice, it shall also give written provide not less than 15 nor more than 60 Scheduled Trading Days’ notice of before the Redemption Date Date) to the Trustee and Trustee, the Conversion Agent (if other than the Trustee), the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date ) and each Holder of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case If the Company exercises its Optional Redemption right to redeem all or, as the case may be, or any part of the Notes pursuant to Section 16.0115.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 53 Scheduled Trading Days (or, if the Company is relying on the second proviso to this sentence, 35 calendar days) prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying #92449509v11 Agent (if other than the Trustee). However; provided further, if that if, in accordance with Section 14.02(a)(ii)13.02, the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date of on which the Company provides the Redemption Notice and on or before the related second Business Day immediately preceding the relevant Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not no less than 30 nor more than 45 60 calendar days prior to before the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. Upon surrender of a Note that is to be redeemed in part pursuant to this Article 15, the Company shall execute and the Trustee shall authenticate and deliver to the Holder a new Note in principal amount equal to the unredeemed portion of the Note surrendered.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 30 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 26th Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case If the Company exercises its Optional Redemption right to redeem all or, as the case may be, or any part of the Notes pursuant to Section 16.0115.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 53 Scheduled Trading Days (or, if the Company is relying on the second proviso to this sentence, 35 calendar days) prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further, if that if, in accordance with Section 14.02(a)(ii)13.02, the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date of on which the Company provides the Redemption Notice and on or before the related second Business Day immediately preceding the relevant Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not no less than 30 nor more than 45 60 calendar days prior to before the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. Upon surrender of a Note that is to be redeemed in part pursuant to this Article 15, the Company shall execute and the Trustee shall authenticate and deliver to the Holder a new Note in principal amount equal to the unredeemed portion of the Note surrendered.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 Scheduled Trading Days nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 calendar days nor more than 45 calendar days prior to 65 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 40 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0116.02, it shall fix a date for redemption (each, a the “Redemption Date”) ), which must be a Business Day, and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice,” and the date on which such Redemption Notice is delivered, the “Redemption Notice Date”) not less than 60 45 Scheduled Trading Days nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; (provided, however, that, that if the Company shall give such noticeelects Physical Settlement for conversions that occur during the related Redemption Period, it shall also give the Company may provide not less than 15 nor more than 45 calendar days written notice of prior to the Redemption Date Date) to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee), the Paying Agent and each Holder of Notes. HoweverThe Redemption Notice, if delivered in accordance with Section 14.02(a)(ii)the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, the Company elects failure to settle all exchanges with an Exchange Date that occurs on deliver such Redemption Notice or after the date of any defect in the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at Holder of any Note designated for redemption as a whole or in part shall not affect the discretion validity of the Company, be subject to one or more conditions precedent, including, but not limited to, completion proceedings for the redemption of an equity offering, a financing, or any other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business DayNote.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request set forth in an Officers’ Certificate received by the Trustee not less than 75 Scheduled Trading Days 5 days prior to the date the Redemption Date Notice is to be sent to Holders (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption Notice”) not less than 60 25 nor more than 70 45 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Paying Agent and the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date. The Trustee is permitted to accept the Company’s direction regarding redemptions, notwithstanding anything to the contrary in this Indenture, and the Trustee shall have no liability for any action taken at the Company’s direction.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, or any part of the Notes pursuant to Section 16.015.02 of this Supplemental Indenture, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 45 calendar days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver provide or cause to be delivered provided a notice of such Optional Redemption redemption (a “Redemption Notice”) not more than 60 calendar days and not less than 60 nor more than 70 Scheduled Trading Days 15 calendar days prior to the Redemption Date to each Holder of Notes so to be so redeemed as a whole or in partpart by first-class mail at its last address as the same appears on the Note register or delivered electronically as to Notes held through the Depositary in accordance with the Depositary’s customary procedures; provided, however, that, if the Company shall give such noticeprovides the Redemption Notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. Unless the Company defaults in payment of the applicable Redemption Price, on and after the Redemption Date, interest will cease to accrue on the Notes or portions of the Notes called for redemption.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0116.02, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Notice of Redemption”) (in all cases, the text of such Notice of Redemption Notice”shall be prepared by the Company) not less than 60 30 nor more than 70 45 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a in whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). HoweverIn the case of any Optional Redemption in part, if Holders of Notes not called for Optional Redemption will not be entitled to an increased Conversion Rate for such Notes in accordance with Section 14.02(a)(ii14.03 and Section 16.03(c), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Notice of Redemption”) (in all cases, the text of such Notice of Redemption Notice”shall be prepared by the Company) not less than 60 40 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a in whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee)Agent. However, if in accordance with Section 14.02(a)(ii14.02(a)(iii), the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date the Company sends such Notice of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to select a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 60 Scheduled Trading Days after the date such Notice of Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentsent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 65 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 40 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), 14.02(a)(iii) the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, or if Physical Settlement otherwise applies as a result of the Company’s irrevocable election of a Settlement Method pursuant to Section 14.02(a)(iii)(B), then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0117.01, it shall fix a date for redemption Optional Redemption (each, a an “Optional Redemption Date”) and it or, at its written request received by the Trustee not less than 75 65 Scheduled Trading Days prior to the Optional Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Optional Redemption”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Optional Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Optional Redemption Date to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), ) and the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentPaying Agent. The Optional Redemption Date must be a Business Day, and the Company shall not specify an Optional Redemption Date that falls on or after the 26th Scheduled Trading Day immediately preceding the Maturity Date. Simultaneously with providing a Notice of Optional Redemption, the Company shall publish, or cause to be published, a notice containing the information set forth in such Notice of Optional Redemption on the Company’s website or through such other public medium as the Company may use at that time.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 10 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert Trustee) prior to the date that a Redemption Notice (as defined below) is one year from First Issue Date. 105 Trustee)to be delivered, the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; providedprovided that if the Company specifies in the Redemption Notice that it elects to settle all conversions of Notes called for Redemption (or deemed called for Redemption) with a Conversion Date on or after the date of the Redemption Notice by Physical Settlement, the Company may give not less than 15 nor more than 30 calendar days’ written notice before the Redemption Date; provided further, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, or, if in accordance with Section 14.02(a)(ii)the Trustee is to give such notice, it shall do so at the written request of the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice delivered not less than 30 nor more than 45 calendar days 3 Business Days (or such shorter period of time as may be acceptable to the Trustee) prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, date such notice is to be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentgiven. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading at least 5 Business Days prior to before the date of giving the Redemption Date Notice pursuant to this Section 16.02 (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 55 nor more than 70 Scheduled Trading Days prior to the Redemption Date (provided that if the Company has elected Physical Settlement in respect of all conversions for which the relevant Conversion Date occurs on or after the date on which the Company gives such Redemption Notice and prior to the close of business on the second Scheduled Trading Day immediately preceding the related Redemption Date, then the Company shall provide not less than 10 nor more than 60 Scheduled Trading Days’ notice prior to the Redemption Date) to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) a. In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days five calendar days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, provided that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of the issuance of a Redemption Notice with respect to the Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide elect to choose a Redemption Date that is a Business Day not less than 15 nor more than 60 calendar days after the date the Company sends such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, each Holder so to be subject to one redeemed as a whole or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentin part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 70 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) Article 36 In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0117.01, it shall fix a date for redemption Optional Redemption (each, a an “Optional Redemption Date”) and it or, at its written request received by the Trustee not less than 75 70 Scheduled Trading Days prior to the Optional Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a prior written notice of such Optional Redemption (a “Redemption NoticeNotice of Optional Redemption”) not less than 60 50 nor more than 70 65 Scheduled Trading Days prior to the Optional Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Optional Redemption Date to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), ) and the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption DatePaying Agent. A Notice of Optional Redemption Notice may, at the discretion of the Company, may not be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentconditions. The Optional Redemption Date must be a Business Day, and the Company shall not specify an Optional Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. Simultaneously with providing a Notice of Optional Redemption, the Company shall publish, or cause to be published, a notice containing the information set forth in such Notice of Optional Redemption on the Company’s website or through such other public medium as the Company may use at that time.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part portion of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 55 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 Scheduled Trading Days prior to the Redemption Date to the Paying Agent (if other than the Trustee), the Conversion Agent (if other than the Trustee) and each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. The Company shall not, and the Company shall not be permitted to, send a Redemption Notice so long as, as of the date of the Redemption Notice, the Company shall have failed to file all reports and other materials required to be filed by Section 13 or 15(d) of the Exchange Act, as applicable (after giving effect to all applicable grace periods thereunder and other than Current Reports on Form 8-K), during the preceding 12 months (or for such shorter period that it was required to file such reports and materials).

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 25 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case If the Company exercises its Optional Redemption right with respect to redeem all or, as the case may be, or any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to the Trustee, the Paying Agent and each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day., and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. (b) The Notice of Redemption, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Notice of Redemption by mail or any defect in the Notice of Redemption to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. (c) Each Notice of Redemption shall specify: (i) the Redemption Date; (ii) the Redemption Price; (iii) that on the Redemption Date, the Redemption Price will become due and payable upon each Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Redemption Date; (iv) the place or places where such Notes are to be surrendered for payment of the Redemption Price; (v) that Holders may surrender their Notes for conversion at any time prior to the close of business on the Scheduled Trading Day immediately preceding the Redemption Date; (vi) the procedures a converting Holder must follow to convert its Notes and the Cash Percentage, if applicable;

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 45 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date (provided that if, in accordance with the provisions described in Section 14.02, the Company elects to each Holder settle all conversions of Notes so to be redeemed called for redemption (or deemed called for redemption as described in Section 14.01(b)(ii)) with a whole or in part; providedConversion Date that occurs during the related Redemption Period by Physical Settlement, however, that, if then the Company shall give such notice, it shall also give provide not less than 15 nor more than 60 calendar days’ written notice of before the Redemption Date Date) to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date Paying Agent and each Holder of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date (provided that if, in accordance with the provisions described in Section 14.02, the Company elects to each Holder settle all conversions of Notes so to be redeemed called for redemption (or deemed called for redemption as described in Section 14.01(b)(ii)) with a whole or in part; providedConversion Date that occurs during the related Redemption Period by Physical Settlement, however, that, if then the Company shall give such notice, it shall also give written provide not less than 15 nor more than 60 calendar days’ notice of before the Redemption Date Date) to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date Paying Agent and each Holder of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentNotes. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 25 nor more than 70 40 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part, the Trustee and the Conversion Agent (in the case of a Conversion Agent other than the Trustee); provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided that if the Company elects Physical Settlement for conversions that occur during the period from the applicable Redemption Notice Date to the close of business on the Scheduled Trading Day prior to the related Redemption Date, the Company may provide not less than 10 nor more than 30 Scheduled Trading Days’ notice; provided, however, that if the Company does not elect Physical Settlement, any Redemption Notice Date must be at least one calendar day prior to the first Scheduled Trading Day of any relevant Observation Period; provided, further, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 65 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver give or cause to be delivered given a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date mailed by first class mail, postage prepaid or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices, to each Holder of Notes so to be redeemed as a whole or in partpart at its last address as the same appears on the Note Register; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business DayDay and may not fall on or after the date that is 180 calendar days immediately prior to the Maturity Date. At the Company’s request, a Redemption Notice shall be given by the Trustee, in the name and at the expense of the Company, with the notice information required under Section 16.02(c) delivered to the Trustee at least two Business Days before such notice is to be given to the Holders (unless a shorter period shall be acceptable to the Trustee). The election of the Company to redeem any Notes pursuant to Section 16.01 shall be evidenced by a Board Resolution. The Company shall not less than 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice period shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Notes to be redeemed. The Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with the conditions to such redemption no later than the date the Redemption Notice is given pursuant to this Section 16.02.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Tax Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a the “Tax Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 55 calendar days prior to the Tax Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver mail or cause to be delivered mailed a notice of such Optional Tax Redemption (a “Tax Redemption Notice”) not less than 60 30 nor more than 70 Scheduled Trading Days 75 calendar days prior to the Tax Redemption Date to each Holder of Notes so at its last address as the same appears on the Note Register (which Tax Redemption Notice shall be irrevocable), provided that if the Company delivers a Tax Redemption Notice less than 45 Scheduled Trading Days prior to be redeemed as a whole or the relevant Tax Redemption Date and has obtained Shareholder Approval, the Company shall elect Physical Settlement in partrespect of any conversions during the Tax Redemption Period; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Tax Redemption Date must be a Business Day. For the avoidance of doubt, if the Tax Redemption Date falls after a Regular Record Date but on or prior to the immediately succeeding Interest Payment Date, the Holder of record of each Note as of such Regular Record Date shall receive the related interest payment on such Interest Payment Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request request, together with the Notice of Redemption to be delivered, received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 30 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee), and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date. The Trustee is permitted to accept the Company’s direction regarding redemptions, notwithstanding anything to the contrary in this Indenture, and the Trustee shall have no liability for any action taken (or not taken) at the Company’s direction.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date the Redemption Date Notice is to be delivered to the Holders (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if if, in accordance with Section 14.02(a)(ii)14.02, the Company elects has elected to settle all exchanges conversions of Notes called for Optional Redemption (or deemed called pursuant to Section 14.01(b)(v)) with an Exchange a Conversion Date that occurs on or after the date of the such Redemption Notice Date and on or before the related Redemption Date by Physical Settlement, then the Company may instead provide elect to choose a Redemption Date that is a Business Day no less than 15, nor more than 60 Scheduled Trading Days after such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. The Company shall not specify a Redemption Date that falls on or after December 1, 2027. If the Company elects to redeem fewer than all of the outstanding Notes (a “Partial Redemption”), at least $100,000,000 aggregate principal amount of Notes must be outstanding and not subject to Optional Redemption pursuant to the relevant Redemption Notice as of the related Redemption Notice Date (such aggregate principal amount, the “Partial Redemption Limitation”) unless the Company shall have made an All Notes Election with respect to such Partial Redemption pursuant to Section 14.01(b)(v).

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 40 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes, which are called for redemption pursuant to this Article 16, with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date the Redemption Date Notice is to be delivered to the Holders (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if if, in accordance with Section 14.02(a)(ii)14.02, the Company elects has elected to settle all exchanges conversions of Notes called for Optional Redemption (or deemed called pursuant to Section 14.01(b)(v)) with an Exchange a Conversion Date that occurs on or after the date of the such Redemption Notice Date and on or before the related Redemption Date by Physical Settlement, then the Company may instead provide elect to choose a Redemption Date that is a Business Day no less than 15, nor more than 60 Scheduled Trading Days after such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day. The Company shall not specify a Redemption Date that falls on or after February 1, 2027. If the Company elects to redeem fewer than all of the outstanding Notes (a “Partial Redemption”), at least $100,000,000 aggregate principal amount of Notes must be outstanding and not subject to Optional Redemption pursuant to the relevant Redemption Notice as of the related Redemption Notice Date (such aggregate principal amount, the “Partial Redemption Limitation”) unless the Company shall have made an All Notes Election with respect to such Partial Redemption pursuant to Section 14.01(b)(v).

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) Date and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice written Notice of Redemption of such Optional Redemption (a “Redemption Notice”) not less than 60 25 Scheduled Trading Days nor more than 70 45 Scheduled Trading Days prior to the Redemption Date (provided that if the Company elects (or is deemed to elect) Physical Settlement for conversions that occur during the related Redemption Period, the Company may provide not less than 5 Scheduled Trading Days’ nor more than 45 Scheduled Trading Days’ written Notice of Redemption before the Redemption Date) to the Trustee, the Conversion Agent (if other than the Trustee), the Paying Agent, and each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part portion of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 45 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 55 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day., and the Company shall not specify a Redemption Date that falls on or after the 26th Scheduled Trading Day immediately preceding the Maturity Date. The Company shall not, and the Company shall not be permitted to, send a Redemption Notice so long as, as of the date of the Redemption Notice, a Registration Default exists and is continuing and the Company shall have failed to file all reports and other materials required to be filed by Section 13 or 15(d) of the Exchange Act, as applicable, during the preceding 12 months (or for such shorter period that it was required to file such reports and materials), after giving effect to all applicable grace periods thereunder and other than reports on Form 8-K.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 30 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 25 nor more than 70 40 Scheduled Trading Days prior to the Redemption Date to the Paying Agent and each Holder of Notes so to be redeemed as a whole or in partNotes; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee. In connection with the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date delivery of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedentthe Trustee for further delivery to each Holder of Notes, the Company shall provide also deliver to the Trustee with written notice an Officer’s Certificate setting forth (x) the Redemption Date, (y) the principal amount of such conditions precedentNotes to be redeemed, and (z) the Redemption Price. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 30 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 25 nor more than 70 40 Scheduled Trading Days prior to the Redemption Date to the Paying Agent and each Holder of Notes so to be redeemed as a whole or in partNotes; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee. In connection with the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date delivery of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedentthe Trustee for further delivery to each Holder of Notes, the Company shall provide also deliver to the Trustee with written notice an Officer’s Certificate setting forth (x) the Redemption Date, (y) the principal amount of such conditions precedentNotes to be redeemed, and (z) the Redemption Price. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 35 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver give or cause to be delivered given a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 10 nor more than 70 30 Scheduled Trading Days prior to the Redemption Date mailed by first class mail, postage prepaid or, in the case of any Global Notes, in accordance with the procedures of the Depositary for providing notices, to each Holder of Notes so to be redeemed as a whole or in partpart at its last address as the same appears on the Note Register; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business DayDay and may not fall on or after the date that is 180 calendar days immediately prior to the Maturity Date. At the Company’s request, a Redemption Notice shall be given by the Trustee, in the name and at the expense of the Company, with the notice information required under Section 16.02(c) delivered to the Trustee at least two Business Days before such notice is to be given to the Holders (unless a shorter period shall be acceptable to the Trustee). The election of the Company to redeem any Notes pursuant to Section 16.01 shall be evidenced by a Board Resolution. The Company shall not less than 45 days prior to the Redemption Date fixed by the Company (unless a shorter notice period shall be satisfactory to the Trustee), notify the Trustee in writing of such Redemption Date and of the principal amount of Notes to be redeemed. The Company shall furnish the Trustee with an Officers’ Certificate evidencing compliance with the conditions to such redemption no later than the date the Redemption Notice is given pursuant to this Section 16.02.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 15 calendar days prior to the delivery of the Redemption Date Notice (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 40 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date (provided that the date of any Redemption Notice must be at least one calendar day prior to the first Scheduled Trading Day of any relevant Observation Period) to each Holder of Notes so to be redeemed as a whole or in part; part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and with an Officers’ Certificate received by the Paying Agent Trustee not less than 15 days prior to the delivery of the Redemption Notice (if other than or such shorter period of time as may be acceptable to the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 60 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice of sends such conditions precedentRedemption Notice. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part portion of the Notes pursuant to Section 16.0117.01, it shall fix a date for redemption (each, a an “Optional Redemption Date”) and it or, at its written request received by the Trustee not less than 75 70 Scheduled Trading Days prior to the Optional Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Optional Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Optional Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Optional Redemption Date to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), ) and the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentPaying Agent. The Optional Redemption Date must be a Business Day, and the Company shall not specify an Optional Redemption Date that falls on or after the 36th Scheduled Trading Day immediately preceding the Maturity Date. The Company shall not, and the Company shall not be permitted to, send a Notice of Optional Redemption so long as, as of the date of the Notice of Optional Redemption, the Company shall have failed to file all reports and other materials required to be filed by Section 13 or 15(d) of the Exchange Act, as applicable, during the preceding 12 months (or for such shorter period that it was required to file such reports and materials), after giving effect to all applicable grace periods thereunder and other than reports on Form 6-K. Simultaneously with providing a Notice of Optional Redemption, the Company shall publish, or cause to be published, a notice containing the information set forth in such Notice of Optional Redemption on the Company’s website or through such other public medium as the Company may use at that time.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading three Business Days prior to the delivery of the Redemption Date Notice (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date (provided that the date of any Redemption Notice must be at least one calendar day prior to the first Scheduled Trading Day of any relevant Observation Period) to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and with an Officers’ Certificate received by the Paying Agent Trustee not less than three Business Days prior to the delivery of the Redemption Notice (if other than or such shorter period of time as may be acceptable to the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Company sends such Redemption Notice and before the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 65 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice of sends such conditions precedentRedemption Notice. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request together with the Redemption Notice to be given, an Officer’s Certificate and an Opinion of Counsel received by the Trustee not less than 75 five Scheduled Trading Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). However; provided further that, if in accordance with Section 14.02(a)(iithe Company is then otherwise permitted to settle conversions of Notes by Physical Settlement (and, for the avoidance of doubt, has not irrevocably elected another Settlement Method), and the Company elects to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after during the period beginning on, and including, the date of the relevant Redemption Notice and before ending at the close of business on the Scheduled Trading Day prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 50 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice of delivers such conditions precedentRedemption Notice. The Redemption Date must be a Business Day. The Company may not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day., and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. (b) The Notice of Redemption, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Notice of Redemption or any defect in the Notice of Redemption to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. (c) Each Notice of Redemption shall specify: (i) the Redemption Date; (ii) the Redemption Price; (iii) that on the Redemption Date, the Redemption Price will become due and payable upon each Note to be redeemed, and that interest thereon, if any, shall cease to accrue on and after the Redemption Date;

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0116.02, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Notice of Redemption”) (in all cases, the text of such Notice of Redemption Notice”shall be prepared by the Company) not less than 60 40 nor more than 70 55 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a in whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). However, if in accordance Concurrent with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date such Notice of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedentRedemption, the Company shall provide the Trustee with written notice a certification that Liquidity Conditions shall have been satisfied in connection with such Optional Redemption. In the case of any Optional Redemption in part, Holders of Notes not called (or deemed called) for Optional Redemption will not be entitled to an increased Conversion Rate for such conditions precedentNotes in accordance with Section 14.03 and Section 16.03(c). The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01‎Section 17.01, it shall fix a date for redemption Optional Redemption (each, a an “Optional Redemption Date”) and it or, at its written request received by the Trustee not less than 75 70 Scheduled Trading Days prior to the Optional Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Optional Redemption”) not less than 60 50 nor more than 70 65 Scheduled Trading Days prior to the Optional Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Optional Redemption Date to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), ) and the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentPaying Agent. The Optional Redemption Date must be a Business Day, and the Company shall not specify an Optional Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. Simultaneously with providing a Notice of Optional Redemption, the Company shall publish, or cause to be published, a notice containing the information set forth in such Notice of Optional Redemption on the Company’s website or through such other public medium as the Company may use at that time.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 55 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions described in Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part portion of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 45 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day., and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date. The Company shall not, and the Company shall not be permitted to, send a Redemption Notice so long as, as of the date of the Redemption Notice, the Company shall have failed to file all reports and other materials required to be filed by Section 13 or 15(d) of the Exchange Act, as applicable, during the preceding 12 months (or for such shorter period that it was required to file such reports and materials), after giving effect to all applicable grace periods thereunder and other than Current Reports on Form 8-K.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 65 nor more than 70 90 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 60 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 61st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee). However, each Holder of the Notes and the Conversion Agent (if other than the Trustee); provided further that if, in accordance with the provisions of Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior after the date the Company sends such Notice of Redemption to each Holder. For the Redemption Date. A Redemption Notice mayavoidance of doubt, at if the discretion of the Company, be subject Company so elects to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If settle all conversions during a Redemption Notice is subject to any conditions precedentPeriod by Physical Settlement in accordance with the provisions of Section 14.02(a)(iii), the Company shall provide may still choose a Redemption Date that is a Business Day not less than 45 nor more than 65 Scheduled Trading Days after the Trustee with written notice date the Company delivers such Notice of such conditions precedentRedemption. The In the case of any Optional Redemption, the Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 55 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions of Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 calendar days nor more than 45 calendar days prior 55 Scheduled Trading Days after the date the Company sends such Notice of Redemption to each Holder. In the Redemption Date. A Redemption Notice may, at the discretion case of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedentOptional Redemption, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business DayDay that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 70 calendar days prior to after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided, if further, that if, in accordance with the provisions of Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 calendar days nor more than 45 calendar days prior 65 Scheduled Trading Days after the date the Company sends such Notice of Redemption to each Holder. In the Redemption Date. A Redemption Notice may, at the discretion case of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedentOptional Redemption, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business DayDay that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request request, together with the Notice of Redemption to be delivered, received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 30 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date. The Trustee is permitted to accept the Company’s direction regarding redemptions, notwithstanding anything to the contrary in this Indenture, and the Trustee shall have no liability for any action taken at the Company’s direction.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request together with the Redemption Notice to be given, an Officer’s Certificate and an Opinion of Counsel received by the Trustee not less than 75 five Scheduled Trading Days prior to the Redemption Notice Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 25 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). However; provided further that, if in accordance with Section 14.02(a)(iithe Company is then otherwise permitted to settle conversions of Notes by Physical Settlement (and, for the avoidance of doubt, has not irrevocably elected another Settlement Method), and the Company elects to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after during the period beginning on, and including, the date of the relevant Redemption Notice and before ending at the close of business on the Scheduled Trading Day prior to the related Redemption Date by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 50 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice of delivers such conditions precedentRedemption Notice. The Redemption Date must be a Business Day. The Company may not specify a Redemption Date that falls on or after the 21st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading five Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 45 nor more than 70 65 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in partHolder; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and Trustee, the Paying Agent (if other than the Trustee) and the Conversion Agent (if other than the Trustee). However; provided further that if, if in accordance with the provisions of Section 14.02(a)(ii14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Called Notes with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before during the related Redemption Date Period by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 60 calendar days prior after the date the Company sends such Notice of Redemption to each Holder. For the Redemption Date. A Redemption Notice mayavoidance of doubt, at if the discretion of the Company, be subject Company so elects to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If settle all conversions during a Redemption Notice is subject to any conditions precedentPeriod by Physical Settlement in accordance with the provisions of Section 14.02(a)(iii), the Company shall provide may still choose a Redemption Date that is a Business Day not less than 45 nor more than 65 Scheduled Trading Days after the Trustee with written notice date the Company delivers such Notice of such conditions precedentRedemption. The In the case of any Optional Redemption, the Redemption Date must be a Business Day, and the Company may not specify a Redemption Date that falls on or after the 41st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0116.01 [Optional Redemption], it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 15 calendar days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 50 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.. (b) The Notice of Redemption, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such Notice of Redemption or any defect in the Notice of Redemption to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. (c) Each Notice of Redemption shall specify: 78

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 50 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), 14.02(a)(iii) the Company elects to settle all exchanges conversions with an Exchange a Conversion Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, or if Physical Settlement otherwise applies as a result of the Company’s irrevocable election of a Settlement Method pursuant to Section 14.02(a)(iii)(B), then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section ‎Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading 5 Business Days prior to the date such Notice of Redemption Date is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption NoticeNotice of Redemption”) not less than 60 35 nor more than 70 60 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However; provided further that if, if in accordance with Section 14.02(a)(iithe provisions described in ‎Section 14.02(a)(iii), the Company elects through delivery of a Settlement Notice to settle all exchanges conversions of Notes with an Exchange a Conversion Date that occurs on or after the date of issuance of a Notice of Redemption with respect to the Redemption Notice Notes and before prior to the related Redemption Date Date, by Physical Settlement, then the Company may instead provide such elect to choose a Redemption Notice Date that is a Business Day not less than 30 15 nor more than 45 calendar days prior to 60 Scheduled Trading Days after the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, date the Company shall provide the Trustee with written notice sends such Notice of such conditions precedentRedemption to each Holder so to be redeemed as a whole or in part. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading at least 5 Business Days prior to before the date of giving the Redemption Date Notice pursuant to this Section 16.02 (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 30 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date (provided that if the Company has elected Physical Settlement in respect of all conversions for which the relevant Conversion Date occurs on or after the date on which the Company gives such Redemption Notice and prior to the close of business on second Scheduled Trading Day immediately preceding the related Redemption Date, then the Company shall provide not less than 10 nor more than 50 Scheduled Trading Days’ notice prior to the Redemption Date) to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedent. The Redemption Date must be a Business Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01‎Section 17.01, it shall fix a date for redemption Optional Redemption (each, a an “Optional Redemption Date”) and it or, at its written request received by the Trustee not less than 75 50 Scheduled Trading Days prior to the Optional Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a written notice of such Optional Redemption (a “Redemption NoticeNotice of Optional Redemption”) not less than 60 35 nor more than 70 45 Scheduled Trading Days prior to the Optional Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Optional Redemption Date to the Trustee and Trustee, the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), ) and the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentPaying Agent. The Optional Redemption Date must be a Business DayDay and the Company shall not specify an Optional Redemption Date that falls on or after the 26th Scheduled Trading Day immediately preceding the Maturity Date. Simultaneously with providing a Notice of Optional Redemption, the Company shall publish, or cause to be published, a notice containing the information set forth in such Notice of Optional Redemption on the Company’s website or through such other public medium as the Company may use at that time.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days 5 business days prior to the date such Redemption Date Notice is to be sent (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 60 35 nor more than 70 50 Scheduled Trading Days prior to the Redemption Date (provided that if the Company elects Physical Settlement for conversions that occur during the related Redemption Period, the Company may provide not less than 15 nor more than 45 calendar days’ written notice) to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date of the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide the Trustee with written notice of such conditions precedentAgent. The Redemption Date must be a Business Day, and the Company shall not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.0116.02, it shall fix a date for redemption (each, a the “Redemption Date”) ), which must be a Business Day, and it or, at its written request received by the Trustee not less than 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the 4 Insert date that is one year from First Issue Date. 105 Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice,” and the date on which such Redemption Notice is delivered, the “Redemption Notice Date”) not less than 60 45 Scheduled Trading Days nor more than 70 55 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; providedthe Trustee, however, that, if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee and the Paying Conversion Agent (if other than the Trustee). However, if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the date Paying Agent and each Holder of Notes. On the Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. If a Redemption Notice is subject to any conditions precedent, the Company shall provide issue a press release (and make the Trustee with written notice of such conditions precedentpress release available on its website) announcing the redemption. The Redemption Date must Notice, if delivered in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, the failure to deliver such Redemption Notice or any defect in the Redemption Notice to the Holder of any Note designated for redemption as a Business Daywhole or in part shall not affect the validity of the proceedings for the redemption of any other Note.