Common use of Redemption and Repurchase; Discharge Prior to Redemption or Maturity Clause in Contracts

Redemption and Repurchase; Discharge Prior to Redemption or Maturity. Except as described below, the Notes are not redeemable at the Company’s option until May 15, 2014. On and after May 15, 2014, the Company may redeem the Notes, in whole or in part, upon not less than 30 nor more than 60 days’ prior notice by first class mail, postage prepaid, with a copy to the Trustee, to each Holder of Notes to the address of such Holder appearing in the security register at the redemption prices (expressed as percentages of principal amount) set forth below, plus accrued and unpaid interest thereon, if any, to the applicable redemption date, subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Date, if redeemed during the twelve-month period beginning on May 15 of each of the years indicated below: Year Percentage 2014 106.250 % 2015 103.125 % 2016 and thereafter 100.000 % In addition, at any time and from time to time prior to May 15, 2014, the Company may redeem all or any portion of the Notes outstanding at a redemption price equal to 100% of the aggregate principal amount of the Notes to be redeemed, together with accrued and unpaid interest to such redemption date (subject to the rights of Holders of record of the Notes on the relevant record date to receive payments of interest on the related Interest Payment Date), plus the Make Whole Amount. At any time prior to May 15, 2013, the Company may redeem up to 35% of the initial principal amount of the Notes with the Net Cash Proceeds of from one or more sales of its Capital Stock (other than Disqualified Stock and other than a sale to a Subsidiary) at a redemption price equal to 112.500% of their principal amount, plus accrued and unpaid interest (subject to the rights of Holders of record on a record date to receive interest on the related Interest Payment Date), provided that at least 65% of the aggregate principal amount of Notes originally issued under this Indenture remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock. This Note is subject to optional redemption, and may be the subject of an Offer to Purchase, as further described in the Indenture. There is no sinking fund or mandatory redemption applicable to this Note. If the Company deposits with the Trustee money or U.S. Government Obligations sufficient to pay the then outstanding principal of, premium, if any, and accrued interest on the Notes to redemption or maturity, the Company may in certain circumstances be discharged from the Indenture and the Notes or may be discharged from certain of its obligations under certain provisions of the Indenture.

Redemption and Repurchase; Discharge Prior to Redemption or Maturity. Except as described belowset forth in the next three paragraphs, the Notes are not redeemable at the option of the Company’s option until May 15, 2014. On There will be no mandatory redemption or sinking fund payments for the Notes. At any time and after May 15from time to time prior to August 1, 2014, the Company may redeem the Notes, in whole or in part, upon on not less than 30 nor more than 60 days’ prior notice notice, by first class mail, postage prepaid, with paying a copy redemption price equal to 100% of the Trustee, to each Holder principal amount of the Notes to be redeemed plus the address of such Holder appearing in the security register at the redemption prices (expressed Applicable Premium as percentages of principal amount) set forth belowof, plus and accrued and unpaid interest thereoninterest, if any, to to, the applicable redemption date, date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Dateinterest payment date). At any time and from time to time on or after August 1, if redeemed during 2014, the twelveCompany may redeem the Notes, in whole or in part, at a redemption price equal to the percentage of principal amount set forth below plus accrued and unpaid interest to the redemption date. 12-month period beginning on May 15 of each of the years indicated below: commencing August 1 in Year Percentage 2014 106.250 105.719 % 2015 103.125 103.813 % 2016 101.906 % 2017 and thereafter 100.000 % In addition, at At any time and from time to time prior to May 15August 1, 2014, the Company may redeem all or any portion of the Notes outstanding with the net cash proceeds received by the Company from one or more Equity Offerings at a redemption price equal to 100107.625% of the principal amount plus accrued and unpaid interest to the redemption date, in an aggregate principal amount for all such redemptions not to exceed 35% of the original aggregate principal amount of the Notes to be redeemedNotes, together with accrued and unpaid interest to such redemption date (subject to the rights of Holders of record of the Notes on the relevant record date to receive payments of interest on the related Interest Payment Date), plus the Make Whole Amount. At any time prior to May 15, 2013, the Company may redeem up to 35% of the initial principal amount of the Notes with the Net Cash Proceeds of from one or more sales of its Capital Stock (other than Disqualified Stock and other than a sale to a Subsidiary) at a redemption price equal to 112.500% of their principal amount, plus accrued and unpaid interest (subject to the rights of Holders of record on a record date to receive interest on the related Interest Payment Date)including Additional Notes, provided that at least 65% of the aggregate principal amount of Notes originally issued under this Indenture remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock. This Note is subject to optional redemption, and may be the subject of an Offer to Purchase, as further described in the Indenture. There is no sinking fund or mandatory redemption applicable to this Note. If the Company deposits with the Trustee money or U.S. Government Obligations sufficient to pay the then outstanding principal of, premium, if any, and accrued interest on the Notes to redemption or maturity, the Company may in certain circumstances be discharged from the Indenture and the Notes or may be discharged from certain of its obligations under certain provisions of the Indenture.that:

Redemption and Repurchase; Discharge Prior to Redemption or Maturity. Except as described belowset forth in the next three paragraphs, the 2019 Notes are not redeemable at the Company’s option until May 15, 2014of the Issuers. On and after May There will be no mandatory redemption or sinking fund payments applicable to the 2019 Notes. At any time prior to December 15, 2014, the Company Issuers may redeem the 2019 Notes, in whole or in part, upon on not less than 30 nor more than 60 days’ prior notice notice, by first class mail, postage prepaid, with paying a copy redemption price equal to 100% of the Trustee, to each Holder principal amount of the 2019 Notes to be redeemed plus the address of such Holder appearing in the security register at the redemption prices (expressed Applicable Premium as percentages of principal amount) set forth belowof, plus and accrued and unpaid interest thereoninterest, if any, to to, the applicable redemption date, date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Dateinterest payment date). At any time and from time to time on or after December 15, if redeemed during 2014, the twelveIssuers may redeem the 2019 Notes, in whole or in part, at a redemption price equal to the percentage of principal amount set forth below plus accrued and unpaid interest to the redemption date. 12-month period beginning on May commencing December 15 of each of the years indicated below: in Year Percentage 2014 106.250 104.250 % 2015 103.125 102.833 % 2016 101.417 % 2017 and thereafter 100.000 % In addition, at At any time and from time to time prior to May December 15, 20142012, the Company Issuers may redeem all the 2019 Notes with the net cash proceeds received by the Company from one or any portion of the Notes outstanding more Equity Offerings at a redemption price equal to 100108.500% of the principal amount plus accrued and unpaid interest to the redemption date, in an aggregate principal amount for all such redemptions not to exceed 35% of the original aggregate principal amount of the 2019 Notes, including Additional Notes to be redeemed, together with accrued and unpaid interest to such redemption date (subject to the rights of Holders of record of the Notes on the relevant record date to receive payments of interest on the related Interest Payment Date), plus the Make Whole Amount. At any time prior to May 15, 2013, the Company may redeem up to 35% of the initial principal amount of the Notes with the Net Cash Proceeds of from one or more sales of its Capital Stock (other than Disqualified Stock and other than a sale to a Subsidiary) at a redemption price equal to 112.500% of their principal amount, plus accrued and unpaid interest (subject to the rights of Holders of record on a record date to receive interest on the related Interest Payment Date)that are 2019 Notes, provided that at least 65% of the aggregate principal amount of Notes originally issued under this Indenture remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock. This Note is subject to optional redemption, and may be the subject of an Offer to Purchase, as further described in the Indenture. There is no sinking fund or mandatory redemption applicable to this Note. If the Company deposits with the Trustee money or U.S. Government Obligations sufficient to pay the then outstanding principal of, premium, if any, and accrued interest on the Notes to redemption or maturity, the Company may in certain circumstances be discharged from the Indenture and the Notes or may be discharged from certain of its obligations under certain provisions of the Indenture.that

Redemption and Repurchase; Discharge Prior to Redemption or Maturity. Except as described belowset forth in the next three paragraphs, the 2017 Notes are not redeemable at the Company’s option until May of the Issuers. There will be no mandatory redemption or sinking fund payments applicable to the Notes. At any time prior to December 15, 2014. On and after May 15, 20142013, the Company Issuers may redeem the 2017 Notes, in whole or in part, upon on not less than 30 nor more than 60 days’ prior notice notice, by first class mail, postage prepaid, with paying a copy redemption price equal to 100% of the Trustee, to each Holder principal amount of the 2017 Notes to be redeemed plus the address of such Holder appearing in the security register at the redemption prices (expressed Applicable Premium as percentages of principal amount) set forth belowof, plus and accrued and unpaid interest thereoninterest, if any, to to, the applicable redemption date, date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Dateinterest payment date). At any time and from time to time on or after December 15, if redeemed during 2013, the twelveIssuers may redeem the 2017 Notes, in whole or in part, at a redemption price equal to the percentage of principal amount set forth below plus accrued and unpaid interest to the redemption date. 12-month period beginning on May commencing December 15 of each of the years indicated below: in Year Percentage 2013 104.125 % 2014 106.250 102.063 % 2015 103.125 % 2016 and thereafter 100.000 % In addition, at At any time and from time to time prior to May December 15, 20142012, the Company Issuers may redeem all the 2017 Notes with the net cash proceeds received by the Company from one or any portion of the Notes outstanding more Equity Offerings at a redemption price equal to 100108.250% of the principal amount plus accrued and unpaid interest to the redemption date, in an aggregate principal amount for all such redemptions not to exceed 35% of the original aggregate principal amount of the 2017 Notes, including Additional Notes to be redeemed, together with accrued and unpaid interest to such redemption date (subject to the rights of Holders of record of the Notes on the relevant record date to receive payments of interest on the related Interest Payment Date), plus the Make Whole Amount. At any time prior to May 15, 2013, the Company may redeem up to 35% of the initial principal amount of the Notes with the Net Cash Proceeds of from one or more sales of its Capital Stock (other than Disqualified Stock and other than a sale to a Subsidiary) at a redemption price equal to 112.500% of their principal amount, plus accrued and unpaid interest (subject to the rights of Holders of record on a record date to receive interest on the related Interest Payment Date)that are 2017 Notes, provided that at least 65% of the aggregate principal amount of Notes originally issued under this Indenture remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock. This Note is subject to optional redemption, and may be the subject of an Offer to Purchase, as further described in the Indenture. There is no sinking fund or mandatory redemption applicable to this Note. If the Company deposits with the Trustee money or U.S. Government Obligations sufficient to pay the then outstanding principal of, premium, if any, and accrued interest on the Notes to redemption or maturity, the Company may in certain circumstances be discharged from the Indenture and the Notes or may be discharged from certain of its obligations under certain provisions of the Indenture.that