Provisional Redemption. The Company may not redeem the Notes at any time prior to September 1, 2009. On or after September 1, 2009, the Company may, at its option, redeem the Notes for cash in whole at any time or in part from time to time, on any date prior to maturity, upon notice as set forth in Section 10.4 of the Indenture, at a redemption price equal to 100% of the principal amount of the Notes called for redemption; provided, however, the Company may only redeem the Notes if, beginning on September 1, 2009, the VWAP of the Common Stock equals or exceeds 200% of the Conversion Price then in effect for at least 20 Trading Days in any consecutive 30 Trading Day period ending on the Trading Day prior to the date the notice of the redemption pursuant to Section 10.1(b) of the Indenture is mailed pursuant to Section 10.4 of the Indenture. The Company shall pay any interest on the Notes called for redemption (including those Notes which are converted into Common Stock after the date the notice of the redemption is mailed and after the Record Date for the next succeeding Interest Payment Date but prior to the Redemption Date) accrued but not paid to the Redemption Date, pursuant to the terms of the Indenture. Notes in original denominations larger than $1,000 may be redeemed in part. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed to be the portion selected for redemption (provided, however, that the Holder of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion of such Note as described in the prior paragraph). Notes which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. On and after the Redemption Date, interest ceases to accrue on Notes or portions of Notes called for redemption, unless the Company defaults in the payment of the Redemption Price. Notice of redemption will be given by the Company to the Holders as provided in the Indenture.
Provisional Redemption. Prior to October 23, 2004, the Company may redeem the Securities ("Provisional Redemption"), in whole or in part, upon not more than 30 nor more than 60 days' notice prior to the Redemption Date, at a Redemption Price equal to 100% of the principal amount of the Securities to be redeemed plus accrued and unpaid interest, if any, to but excluding the Redemption Date, if the Closing Price of the Common Stock shall have exceeded 150% of the Conversion Price then in effect for at least 20 Trading Days in any consecutive 30-day Trading Day period ending on the Trading Day prior to the date mailing of the notice of Provisional Redemption pursuant to Section 11.06 of the Indenture (the "Notice Date"). Upon any such Provisional Redemption, the Company shall make an additional payment (the "Make-Whole Payment") in cash or, at the election of the Company upon satisfaction of the conditions in Section 11.10 of the Indenture, in Common Stock or a combination of cash and Common Stock, as specified in the notice of redemption, with respect to the Securities called for redemption to Holders on the Notice Date in an amount equal to $80 per $1,000 aggregate principal amount of Securities, minus the amount of any interest actually paid or accrued and unpaid on each $1,000 aggregate principal amount of Securities so redeemed (including any Predecessor Securities) prior to the Redemption Date. The Company shall make the Make-Whole Payment on all Securities called for Provisional Redemption, including any Securities converted into Common Stock pursuant to the terms of the Indenture after the Notice Date and prior to the Redemption Date. The Make-Whole Payment for Securities converted into Common Stock after the Notice Date and prior to the Redemption Date will not be reduced by the accrued and unpaid interest. For purposes of this paragraph, the payments made in Common Stock will be determined by the Company and each share of Common Stock to be delivered shall be valued at an amount equal to 95% of the average of the Closing Price Per Share of the Common Stock for the five consecutive Trading Days immediately preceding and including the third Trading Day prior to the Redemption Date.
Provisional Redemption. The Securities may be redeemed on at least 20 days and no more than 60 days notice, in whole or in part, at the election of the Company, at a redemption price equal to 100% of the principal amount thereof plus the "Make-Whole Payment" described below (the "Redemption Price") if (a) the Closing Price of the Common Stock has exceeded 175% 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 (b) 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 until the Redemption Date unless registration is no longer required. Upon any such redemption, the Company shall pay an amount in cash (the "Make-Whole Payment") with respect to the Securities called for redemption to holders on the Notice Date in an amount equal to the aggregate amount of interest that would have been payable on such Securities from the last day through which interest was paid on the Securities (or February 20, 2002, if no interest has been paid) to the Maturity Date. If the Redemption Date is an Interest Payment Date, interest will be payable to the Holders in whose names the Securities are registered at the close of business on the relevant record dates.
Provisional Redemption. 20 SECTION 3.02.
Provisional Redemption. Except as provided in this Section 13.01 and Section 13.02, the Notes are not subject to redemption at the Company’s option. On or after the date that is two calendar years after the consummation of the Qualified IPO, the Company may redeem, at its option, all or part of the Notes if the Last Reported Sale Price of the Common Stock has been at least 150% of the Qualified IPO Price then in effect for at least 20 Trading Days (whether or not consecutive) during a period of 30 consecutive Trading Days ending within three Trading Days immediately preceding the date on which the Company provides written notice of redemption (a “Provisional Redemption”) to the Holders of Notes on the redemption date specified in the Notice of Redemption in accordance with Section 13.03 (the “Provisional Redemption Date”). The Company shall redeem the Notes pursuant to a Provisional Redemption, if any, at a redemption price payable in cash equal to 100% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest to, but excluding, the Provisional Redemption Date (the “Provisional Redemption Price”). Neither the Trustee nor the Paying Agent shall have any responsibility to determine whether or not the condition to calling Notes for Provisional Redemption has been satisfied.
Provisional Redemption. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part on any date, at any time prior to March 17, 2003 (a "Provisional Redemption"), at a Redemption Price equal to $1,000 per $1,000 principal amount of the Securities plus accrued and unpaid interest, if any, to but excluding the date of redemption (the "Provisional Redemption Date") if (i) the Closing Price of the Common Stock has exceeded 150% of the Conversion Price (as may be adjusted from time to time) then in effect for at least 20 Trading Days in any consecutive 30-Trading Day period ending on the Trading Day prior to the date of mailing of the provisional notice of redemption upon not less than 20 nor more than 60 days' notice (the "Notice Date"), and (ii) a registration statement covering resales of the Securities and Common Stock issuable upon the conversion thereof is effective and available for use and is expected to remain effective for the 30 days following the Provisional Redemption Date. Upon any such Provisional Redemption, the Company shall make an additional payment in cash (the "Make-Whole Payment") with respect to the Securities called for redemption to Holders on the Notice Date in an amount equal to $107.14 per $1,000 principal amount of the Securities, less the amount of any interest actually paid on such Securities prior to the Notice Date. The Company shall make the Make-Whole Payment on all Securities called for Provisional Redemption, including those Securities converted into Common Stock between the Notice Date and the Provisional Redemption Date.
Provisional Redemption. The Notes may be provisionally redeemed by the ---------------------- Company, in whole or in part, at any time on or after October 20, 2001 and prior to April 20, 2003, at a Redemption Price equal to 100% of the principal amount thereof to be redeemed plus accrued and unpaid interest, if any, to the Redemption Date if (i) the closing price of the Common Stock shall have exceeded 140% of the Conversion Price then in effect for at least 20 Trading Days in any consecutive 30 Trading Day period ending on the Trading Day prior to the date of mailing of the notice of Provisional Redemption and (ii) in accordance with the terms of the Registration Rights Agreement, the Shelf Registration Statement is effective and available for use and is expected to remain effective and available for use for the 30 days immediately following the Redemption Date. Upon any such Provisional Redemption, the Company shall make an additional Make- Whole Payment in cash with respect to the Notes called for redemption to Holders on the Redemption Notice Date in an amount equal to $105 per $1,000 Note, less the amount of any interest (at the rate set forth in the title to the Notes) actually paid on such Note after October 15, 2001 and prior to such date. The Company shall make the Make-Whole Payment on all Notes called for Provisional Redemption, including any Notes converted into Common Stock after the Redemption Notice Date and prior to the Redemption Date.
Provisional Redemption. (A) The Company shall have the right, at the Company’s option, at any time, and from time to time, on a Redemption Date on or after November 1, 2012 and before November 1, 2017, to redeem (a “Provisional Redemption”) all or any part of the Securities at a price, payable in cash, equal to the Redemption Price, if the Last Reported Sale Price per share of Common Stock for twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the Trading Day prior to the date the Company provides the notice of Provisional Redemption pursuant to Section 3.06 exceeds one hundred and thirty percent (130%) of the Conversion Price in effect on the applicable Trading Day.
Provisional Redemption. The Notes may be redeemed by the Company (a "Provisional Redemption"), in whole or in part, at any time prior to March 20, 2003, upon notice as set forth in Section 3.2, at a redemption price equal to $1,000 per $1,000 principal amount of Notes to be redeemed plus accrued and unpaid interest, if any, to the date of redemption (the "Provisional Redemption Date") if (i) the closing price of the Common Stock shall have exceeded 150% of the Conversion Price then in effect for at least 20 Trading Days in any consecutive 30-Trading Day period ending on the Trading Day prior to the date of mailing of the notice of redemption pursuant to Section 3.2 (the "Notice Date"). Upon any such Provisional Redemption, the Company shall make an additional payment in cash (the "Make-Whole Payment") with respect to the Notes called for redemption to holders on the Notice Date in an amount equal to $152.54 per $1,000 Note, less the aggregate amount of any interest actually paid on such Note at any time prior to the Notice Date. The Company shall make the Make-Whole Payment on all Notes called for Provisional Redemption, including any Notes converted into
Provisional Redemption. The Company shall have the right, at the Company’s option, at any time, and from time to time, on a Redemption Date beginning August 1, 2015, to redeem (a “Provisional Redemption”) all or any part of the Notes at a price payable in cash equal to the Redemption Price, provided that the Last Reported Sale Price of the Common Stock for 20 or more Trading Days in a period of 30 consecutive Trading Days ending on the Trading Day immediately prior to the date of the Redemption Notice (as defined below) exceeds 150% of the applicable Conversion Price in effect on each such Trading Day.
