Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1, 2002, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 35% aggregate principal amount of the Securities issued pursuant to the Indenture at a redemption price equal to 110.875% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities issued pursuant to the Indenture. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1October 15, 20022005, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities issued pursuant to under the Indenture at a redemption price equal to 110.875110% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 65% of the aggregate original principal amount of the Securities issued pursuant to under the IndentureIndenture remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1, 2002, 2009 the Company may, at its option, use an amount equal to the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities Notes originally issued pursuant to under the Indenture at a redemption price Redemption Price equal to 110.875109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the date Redemption Date. In order to effect the foregoing redemption with the proceeds of redemption; provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal Equity Offering, (i) at least 65% of the aggregate principal amount of the Securities Notes originally issued pursuant to in the Indenture. In order to effect Offering remains outstanding immediately after such Redemption Date; and (ii) the foregoing redemption with the net cash proceeds Redemption Date must be as of any Equity Offering, the Company shall make such redemption a date not more than 90 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1April 15, 20022014, the Company may, at its option, use all or any portion of the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities Notes issued pursuant to the Indenture at a redemption price equal to 110.875106.750% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities Notes issued pursuant to the Indentureremains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1November 15, 20022010, the Company may, at its option, use all or any portion of the net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the aggregate principal amount of the Securities issued pursuant to the Indenture at a redemption price equal to 110.875108.125% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities issued pursuant to the Indentureremains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May 1December 15, 20022013, the Company may, at its option, use all or any portion of the net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the aggregate principal amount of the Securities issued pursuant to the Indenture at a redemption price equal to 110.875106.875% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities issued pursuant to the Indentureremains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At In addition, at any time, or time and from time to time, time on or prior to May 1January 15, 20022001, the Company Issuers may, at its their option, use the net cash proceeds of one or more Equity Offerings by the Company to redeem up to 35% aggregate principal amount of the Securities issued pursuant to the Indenture at a redemption price equal to 110.875% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that after any such redemption the aggregate -------- principal amount of Securities outstanding must equal at least 6540% of the aggregate principal amount at maturity of the Securities issued pursuant at a redemption price in cash equal to 110.750% of the IndentureAccreted Value thereof on the date of redemption; provided, however, that at least 60% of the aggregate principal amount at maturity of the Securities originally issued must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by an Issuer or any of its Affiliates). In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company Issuers shall make such redemption not more than 90 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May June 1, 2002, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 35% in aggregate principal amount of the Securities originally issued pursuant to under the Indenture at a redemption price equal to 110.875111.750% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided provided, however, that after any such redemption the -------- ------- aggregate -------- principal amount of the Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities originally issued pursuant to under the Indenture. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to May June 1, 2002, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 35% in aggregate principal amount of the Securities originally issued pursuant to under the Indenture at a redemption price equal to 110.875111.750% of the principal amount thereof, thereof plus accrued and unpaid interest thereon, if any, to the date of redemption; provided provided, however, that after any such redemption the -------- ------- aggregate -------- principal amount of the Securities outstanding must equal at least 65% of the aggregate principal amount of the Securities originally issued pursuant to under the Indenture. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company shall make such redemption not more than 90 120 days after the consummation of any such Equity Offering.