Common use of PROVISIONAL AND OPTIONAL REDEMPTION Clause in Contracts

PROVISIONAL AND OPTIONAL REDEMPTION. (a) The Company may redeem any portion of the Securities at any time prior to June 15, 2004 (a "PROVISIONAL REDEMPTION"), upon giving notice as set forth in Section 6, at a redemption price equal to $1,000 per $1,000 principal amount of the Securities redeemed plus accrued and unpaid interest, if any (such amount, the "PROVISIONAL REDEMPTION PRICE"), to but excluding the date of redemption (the "PROVISIONAL REDEMPTION DATE") if (1) the Closing Price of the Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days within a period of any 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the notice of Provisional Redemption (the "NOTICE DATE"), and (2) a shelf registration statement covering resales of the Securities and the Common Stock issuable upon conversion thereof is effective and available for use and is expected to remain effective and available for use for the 30 days following the Provisional Redemption Date unless registration is no longer required.

PROVISIONAL AND OPTIONAL REDEMPTION. (a) The Company may redeem any portion of the Securities at any time prior to June 15__, 2004 (a "PROVISIONAL REDEMPTION"), upon giving notice as set forth in Section 6, at a redemption price equal to $1,000 per $1,000 principal amount of the Securities redeemed plus accrued and unpaid interest, if any (such amount, the "PROVISIONAL REDEMPTION PRICE"), to but excluding the date of redemption (the "PROVISIONAL REDEMPTION DATE") if (1) the Closing Price of the Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days within a period of any 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the notice of Provisional Redemption (the "NOTICE DATE"), and (2) a shelf registration statement covering resales of the Securities and the Common Stock issuable upon conversion thereof is effective and available for use and is expected to remain effective and available for use for the 30 days following the Provisional Redemption Date unless registration is no longer required.

PROVISIONAL AND OPTIONAL REDEMPTION. (a) The Company Securities may redeem any portion be redeemed at the election of the Securities Company, as a whole or in part, at any time prior to June 15before January 18, 2004 2005 (a "PROVISIONAL REDEMPTION"), upon giving at least 20 and not more than 60 days' notice as set forth in Section 6, by mail to the Holders of the Securities at a redemption price equal to $1,000 per $1,000 principal Principal amount of the Securities redeemed plus accrued and unpaid interestInterest, if any (such amount, the "PROVISIONAL REDEMPTION PRICE"), to but excluding the date of redemption (the "PROVISIONAL REDEMPTION DATE") if (1) the Closing Trading Price of the Common Stock has exceeded 150120% of the Conversion Price then in effect for at least 20 Trading Days within a period of any 30 consecutive Trading Days ending on the Trading Day prior to before the date of mailing of the notice of Provisional Redemption (the "NOTICE DATE"), and (2) a shelf registration statement covering resales of the Securities and the Common Stock issuable upon conversion thereof is effective and available for use and is expected to remain effective and available for use for the 30 days following the Provisional Redemption Date Date, unless registration is no longer required.

PROVISIONAL AND OPTIONAL REDEMPTION. (a) The Company may redeem any portion of the Securities at any time prior to June 15, 2004 (a "PROVISIONAL REDEMPTIONProvisional Redemption"), upon giving notice as set forth in Section 6, at a redemption price equal to $1,000 per $1,000 principal amount of the Securities redeemed plus accrued and unpaid interest, if any (such amount, the "PROVISIONAL REDEMPTION PRICEProvisional Redemption Price"), to but excluding the date of redemption (the "PROVISIONAL REDEMPTION DATEProvisional Redemption Date") if (1) the Closing Price of the Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days within a period of any 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the notice of Provisional Redemption (the "NOTICE DATENotice Date"), and (2) a shelf registration statement covering resales of the Securities and the Common Stock issuable upon conversion thereof is effective and available for use and is expected to remain effective and available for use for the 30 days following the Provisional Redemption Date unless registration is no longer required.