Optional Prepayment by Company. In addition to all other rights of the Company contained herein, at any time after three (3) months from the Issuance Date, the Company shall have the right, solely at the Company’s option, to prepay in cash (the “Optional Prepayment”) at a price equal to one hundred ten percent (110%) of the aggregate principal amount of this Note plus all accrued and unpaid Interest, if any, thereon to the date of such Optional Prepayment (the “Optional Company Prepayment Price”) by providing written notice of at least thirty (30) calendar days prior to the consummation of the Optional Prepayment via facsimile and overnight courier (“Notice of Optional Prepayment”) to the Holder of this Note and the Other Holders. The Company may pay, upon an Optional Prepayment, all accrued and unpaid Interest, if any, by issuing the Holders additional Notes with a principal amount equal to the Interest then due and payable (a “PIK Note”). The Company shall deliver the applicable Optional Company Prepayment Price to the Holder, within five (5) business days after the date specified in the Notice of Optional Prepayment for the Optional Prepayment. If the Company shall fail to prepay the Notes (other than pursuant to a dispute as to the arithmetic calculation of the Optional Company Prepayment Price), in addition to any remedy such Holder of the Notes may have under this Note and the Purchase Agreement, the Optional Company Prepayment Price payable in respect of such Notes not prepaid shall bear interest at the Default Rate until paid in full.
Optional Prepayment by Company. Subject to the provisions of Article 14 of the Indenture, the Company shall have the right to prepay the Notes, in whole or in part, at any time and from time to time, at a prepayment price equal to the Optional Prepayment Price. Any prepayment pursuant to this paragraph will be made upon not less than 30 days' nor more than 60 days' notice to the Holders of the Notes. If the Notes are only partially prepaid pursuant to this Section 3.2, the Notes will be prepaid pro rata or by lot or by any other method utilized by the Trustee; provided that if, at the time of prepayment, the Notes are registered as a Global Note, the Depository shall determine, in accordance with its procedures, the principal amount of such Notes held by each Holder of a Note to be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon, New York time, on the date of such prepayment or at such earlier time as the Company determines provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York time, on the date such Optional Prepayment Price is to be paid.
Optional Prepayment by Company. (a) Subject to the provisions of this Article XIV, the Company shall have the right to prepay the Securities, in whole or in part, from time to time, on or after February 1, 2007, at the optional prepayment price equal to the outstanding principal amount of the Securities to be prepaid, plus accrued and unpaid interest thereon (including Compounded Interest and Additional Interest, if any) and any Additional Sums to the applicable date of prepayment (the "Optional Prepayment Price"). If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid will be chosen pro rata or by lot or by any other method utilized by the Trustee; provided, that, as to Securities registered as a Global Security at the time of prepayment, the Depositary shall determine, in accordance with its procedures, the principal amount of such Securities held by each beneficial owner of such Securities to be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon, New York City time, on the date of such prepayment or at such earlier time as the Company determines, provided, that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York time, on the date such Optional Prepayment Price is to be paid.
Optional Prepayment by Company. (a) Subject to the provisions of this Article III, the Company shall have the right to prepay the Debentures, in whole or in part, from time to time, on or after the Initial Optional Prepayment Date, at the Prepayment Price. If the Debentures are only partially prepaid pursuant to this Section 3.2, the Debentures to be prepaid shall be selected on a pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Debentures not previously called for prepayment, provided, however, that any such proration may be made on the basis of the aggregate principal amount of Debentures held by each Holder and may be made by making such adjustments as the Company deems fair and appropriate in order that only Debentures in denominations of $25 or integral multiples thereof shall be prepaid. The Prepayment Price shall be paid prior to 12:00 noon, New York time, on the date of such prepayment or at such earlier time as the Company determines, provided further that the Company shall deposit with the Trustee an amount sufficient to pay the Prepayment Price by 10:00 a.m., New York City time, on the date such Prepayment Price is to be paid.
Optional Prepayment by Company. (a) Subject to the provisions of this Article Fourteen, the Company shall have the right to prepay the Securities, in whole or in part, from time to time, on or after the Initial Optional Prepayment Date at the optional prepayment prices set forth below (expressed as percentages of principal) plus, in each case, accrued and unpaid interest thereon (including Additional Interest and Compounded Interest, if any) to the applicable date of prepayment (the "Optional Prepayment Price") if prepaid during the 12-month period beginning January 29 of the years indicated below. Year Percentage 2007 104.680% 2008 104.212% 66 2009 103.744% 2010 103.276% 2011 102.808% 2012 102.340% 2013 101.872% 2014 101.404% 2015 100.936% 2016 100.468% 2017 and thereafter 100.000% If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities will be prepaid pro rata or by lot or by any other method utilized by the Trustee; provided, that if at the time of prepayment the Securities are registered as a Global Security, the Depositary shall determine, in accordance with its procedures, the principal amount of Securities held by each holder of a Security to be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon, New York time, on the date of such prepayment or at such earlier time as the Company determines, provided that the Company shall deposit with the Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York time, on the date such Optional Prepayment Price is to be paid.
Optional Prepayment by Company. (a) The Company may prepay the Debentures of any series issued hereunder on and after the dates and in accordance with the terms established for such series pursuant to Section 2.01.
Optional Prepayment by Company. 65 SECTION 14.03.
Optional Prepayment by Company. (a) Subject to the provisions of this Article Fourteen, the Com- pany shall have the right to prepay the Securities, in whole or in part, from time to time, on or after the Initial Optional Prepayment Date at the optional prepayment prices set forth below (expressed as percentages of principal) plus, in each case, accrued and unpaid interest thereon (including Additional Interest and Compounded Interest, if any) to the applicable date of prepayment (the "Optional Prepayment Price") if prepaid during the 12-month period beginning January 31 of the years indicated below. Year Percentage ---- ----------
Optional Prepayment by Company. (a) Subject to the provisions of this Article XIV, the Company shall have the right to prepay the Securities, in whole or in part, from time to time, on or after the Initial Optional Prepayment Date, at the prepayment prices set forth below (expressed as percentages of principal) plus, in each case, accrued and unpaid interest thereon (including Additional Sums and Compounded Interest, if any) and Liquidated Damages, if any, to the applicable date of prepayment (the "Optional Prepayment Price") if redeemed during the 12- month period beginning August 15 of the years indicated below. Year Percentage ---- ----------
Optional Prepayment by Company. At any time after the second anniversary of the date hereof and prior to maturity, the Company shall be entitled to prepay the Notes, either in whole or in part, but if in part, then in a minimum amount of $1,000,000 (or if less than $1,000,000 of the Notes are outstanding, such lesser amount as may be outstanding), and if, greater, in integral multiples of $100,000, and in any event, only once in any 12-month period, at a price equal to 100% of the principal amount of the Notes, together with accrued interest to the prepayment date; provided, that the Company may not deliver a notice of prepayment in accordance with Section 4.2 hereof unless the Common Stock of the Company shall have had a Closing Trading Price of $16 for at least 20 consecutive Trading Days through and including the trading date prior to the date of the notice of prepayment; provided, further, that the Closing Trading Price hereunder shall be proportionately adjusted if the Company (i) subdivides the number of outstanding Shares into a greater number of Shares, or (ii) reduces the number of outstanding Shares by combining such shares into a smaller number of Shares. The Company shall be entitled to prepay the Notes in whole at a price equal to the outstanding principal balance of the Notes with accrued interest thereon to the prepayment date and with payment of all other amounts then due to the Purchaser hereunder.
