Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to April 15, 2011, 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 under the Indenture (including any Additional Securities) at a redemption price equal to 110% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) 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, prior to April October 15, 20112006, 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 under the Indenture (including any Additional Securities) at a redemption price Redemption Price equal to 110109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemptionRedemption Date. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, (i) at least 65% of the Company shall make aggregate principal amount of the Notes originally issued in the Offering remains outstanding immediately after such redemption Redemption Date; and (ii) the Redemption Date must be as of 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 April 15February 1, 20112007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities Notes (which includes Additional Notes, if any) originally issued under the this Indenture (including any Additional Securities) at a redemption price equal to 110of 109.875% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest, thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemptionRedemption Date. 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 April 15February 1, 20112007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities Notes (which includes Additional Notes, if any) originally issued under the Indenture (including any Additional Securities) at a redemption price equal to 110of 109.875% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest, thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemptionRedemption Date. 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, prior to April October 15, 20112006, 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 under the Indenture (including any Additional Securities) at a redemption price Redemption Price equal to 110109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemptionRedemption Date. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, (i) at least 65% of the Company shall make principal amount of the Notes must remain outstanding immediately after such redemption Redemption Date; and (ii) the Redemption Date must be as of 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, prior to April March 15, 20112007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Securities Notes (which includes Additional Notes, if any) originally issued under the Indenture (including any Additional Securities) at a redemption price equal to 110109.5% 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 any Equity Offering, at least 65% of the original principal amount of Securities the Notes issued under the Indenture (including any Additional Securities) remains must remain outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, and the Company shall make must effect 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 April March 15, 20112007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount at maturity of the Securities Notes (including Additional Notes, if any) originally issued under the Indenture (including any Additional Securities) at a redemption price equal to 110of 112.000% of the principal Accreted Value amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the date of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemptionRedemption Date. In order to effect the foregoing redemption with the net cash proceeds of any an Equity Offering, at least 65% of the original principal amount at maturity of Notes (including Additional Notes, if any) issued under the Indenture shall remain outstanding immediately after any such redemption and the Company shall make such redemption not more than 90 120 days after the consummation of any such Equity Offering.