Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March 15, 2006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amount thereof, together with accrued and unpaid interest and Additional Interest, if any, to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain outstanding immediately after each such Special Redemption; and provided, further, that such Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March 15January 1, 20062005, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amount thereofamount, together with accrued and unpaid interest and Additional Interest, Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this the Indenture will remain outstanding immediately after each such Special Redemptionredemption; and provided, further, that each such Special Redemption redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant If less than all the Notes are to this Section 3.8 shall be made pursuant redeemed, the Trustee will select the particular Notes or portions thereof to the provisions of Sections 3.1 through 3.6 hereofbe redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March 15, 2006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amount thereofamount, together with accrued and unpaid interest and Additional Interest, Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this the Indenture will remain outstanding immediately after each such Special Redemptionredemption; and provided, further, that each such Special Redemption redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant If less than all the Notes are to this Section 3.8 shall be made pursuant redeemed, the Trustee will select the particular Notes or portions thereof to the provisions of Sections 3.1 through 3.6 hereofbe redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March 15October 1, 20062012, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875108.0% of the principal amount thereof, together with accrued and unpaid interest and Additional Interest, if any, to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain outstanding immediately after each such Special Redemption; and provided, further, that such Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March June 15, 2006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875107.250% of the principal amount thereofamount, together with accrued and unpaid interest and Additional Interest, Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this the Indenture will remain outstanding immediately after each such Special Redemptionredemption; and provided, further, that each such Special Redemption redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant If less than all the Notes are to this Section 3.8 shall be made pursuant redeemed, the Trustee will select the particular Notes or portions thereof to the provisions of Sections 3.1 through 3.6 hereofbe redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March 15, 20062012, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875113.875% of the principal amount thereof, together with accrued and unpaid interest and Additional Interest, if any, to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this Indenture Inden- ture will remain outstanding immediately after each such Special Redemption; and provided, further, that such Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before March 15July 1, 20062019, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875105.875% of the principal amount thereof, together with accrued and unpaid interest and Additional Interestthereon, if any, to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain hereunder remains outstanding immediately after each such Special Redemption; and provided, further, that (2) such Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof3.6.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March June 15, 2006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875107.250% of the principal amount thereof, together with accrued and unpaid interest and Additional Interest, if any, to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain outstanding immediately after each such Special Redemption; and provided, further, that such Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before March April 15, 2006, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875equal to 109.625% of the principal amount thereof, together with accrued and unpaid interest and Additional InterestInterest thereon, if any, to the date of redemption, ; provided, however, that at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain outstanding immediately after each any such Special Redemptionredemption; and provided, further, that the Company shall make such Special Redemption shall occur within 90 redemption not more than 120 days after the date consummation of the closing of the applicable any such Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof3.6.

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before March 15May 1, 20062010, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875106.875% of the principal amount thereof, together with accrued and unpaid interest and Additional Interestthereon, if any, to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain hereunder remains outstanding immediately after each such Special Redemption; and provided, further, that (2) such Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof3.6.

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before March 15December 1, 20062013, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875107.875% of the principal amount thereof, together with accrued and unpaid interest and Additional Interestthereon, if any, to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under this Indenture will remain hereunder remains outstanding immediately after each such Special Redemption; and provided, further, that (2) such Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6 hereof3.6.