Common use of Company's Right to Redeem; Notices to Trustee Clause in Contracts

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus accrued and unpaid cash interest up to but not including the Redemption Date (in either such case, the "Redemption Price"). If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company(a) Beginning on June 16, 2012 the Company may, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 all or part of the 2001 Convertible Original Securities in whole or in part, for cash at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security Redemption Price equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount 100% of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount being redeemed plus accrued and unpaid cash interest up interest, to but not including excluding the Redemption Date Date. (in either such case, the "Redemption Price"). b) If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Original Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 forty-five (45) days before the Redemption Date (unless a shorter notice shall be satisfactory period is acceptable to the Trustee), providedbut not more than sixty (60) days before the Redemption Date, howeverof the Redemption Date, that if less than all the 2001 Convertible Principal Amount of Redemption Securities are to be redeemed, the Conversion Price and the Redemption Price payable on the Redemption Date. The Company shall give such notice to the Trustee at least 30 days but not more than 60 days before in accordance with Section 5.03. (c) In connection with any redemption, the Redemption DateCompany shall furnish to the Trustee an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, to the redemption have been complied with. (d) For the avoidance of doubt, the Modified Securities, the 2015 Securities and the Interest Securities may only be redeemed in accordance with the provisions of Section 13.01, 13.08 or Section 13.09 hereof.

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company(a) At any time on or after June 16, at its option2010, and until June 15, 2012 the Company may redeem the 2001 Convertible Securities in accordance with (other than the provisions of Section 5 of the 2001 Convertible Securities Modified Securities), in whole or in part, for cash at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security Redemption Price equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount 100% of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount being redeemed plus accrued and unpaid cash interest up interest, to but not including excluding the Redemption Date Date, if the closing sale price of the Common Shares is equal to or greater than 150% of the Conversion Price then in effect for at least 20 Trading Days in the period of 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the Notice of Redemption. (in either such caseb) Beginning on June 16, 2012 the "Company may, at its option, redeem all or part of the Securities (other than the Modified Securities) for cash at a Redemption Price"). Price equal to 100% of the Principal Amount being redeemed plus accrued and unpaid interest, to but excluding the Redemption Date. (c) If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 forty-five (45) days before the Redemption Date (unless a shorter notice shall be satisfactory period is acceptable to the Trustee), providedbut not more than sixty (60) days before the Redemption Date, howeverof the Redemption Date, that if less than all the 2001 Convertible Principal Amount of Securities are to be redeemed, the Conversion Price and the Redemption Price payable on the Redemption Date. The Company shall give such notice to the Trustee at least 30 days but not more than 60 days before in accordance with Section 5.03. (d) In connection with any redemption, the Redemption DateCompany shall furnish to the Trustee an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, to the redemption have been complied with. (e) For the avoidance of doubt, the Modified Securities may only be redeemed in accordance with the provisions of Section 13.08 or Section 13.09 hereof.

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company(a) At any time on or after April 5, at its option2009, and until April 4, 2011 the Company may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities Securities, in whole or in part, for cash at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security Redemption Price equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount 100% of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount being redeemed plus accrued and unpaid cash interest up interest, to but not including excluding the Redemption Date Date, if the Sale Price of Common Stock is equal to or greater than 130% of the Conversion Price then in effect for at least 20 Trading Days in the period of 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the Notice of Redemption. (in either such caseb) Beginning on April 5, 2011 the "Company may, at its option, redeem all or part of the Securities for cash at a Redemption Price"). Price equal to 100% of the Principal Amount being redeemed plus accrued and unpaid interest, to but excluding the Redemption Date. (c) If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity Principal Amount of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Conversion Price and the Redemption Price payable on the Redemption Date. The Company shall give such notice to the Trustee at least 30 days but not more than 60 days before in accordance with Section 3.03. (d) In accordance with Section 13.04, in connection with any redemption, the Redemption DateCompany shall furnish to the Trustee an Officers' Certificate stating that, in the opinion of the signers, all conditions precedent, if any, to the redemption have been complied with.

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company(a) Beginning on June 16, 2012 the Company may, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 all or part of the 2001 Convertible Original Securities in whole or in part, for cash at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security Redemption Price equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount 100% of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount being redeemed plus accrued and unpaid cash interest up to to, but not including excluding, the Redemption Date Date. (in either such case, the "Redemption Price"). b) If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Original Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 forty-five (45) days before the Redemption Date (unless a shorter notice shall be satisfactory period is acceptable to the Trustee), providedbut not more than sixty (60) days before the Redemption Date, howeverof the Redemption Date, that if less than all the 2001 Convertible Principal Amount of Redemption Securities are to be redeemed, the Conversion Price and the Redemption Price payable on the Redemption Date. The Company shall give such notice to the Trustee at least 30 days but in accordance with Section 5.03. (c) In connection with any redemption, the Company shall furnish to the Trustee an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, to the redemption have been complied with. (d) For the avoidance of doubt, the 2018 Securities and the 2018 Interest Securities may only be redeemed in accordance with the provisions of Section 13.01, 13.08 or Section 13.09 hereof. The last paragraph of Section 5.02 of the Indenture is hereby amended and restated to read in its entirety as follows: For the avoidance of doubt, the provisions of Section 5.02 shall not more than 60 days before apply to any redemption of 2018 Securities and/or 2018 Interest Securities pursuant to Section 13.08 of the Redemption DateIndenture.

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to February 20, 2010, the Debentures will not be redeemable at the Company’s option. Beginning on February 20, 2010, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole Debentures for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the “Redemption Price”) equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal Debentures to the Restated Principal Amount be redeemed plus accrued and unpaid cash interest up interest, including Contingent Interest, if any, and accrued and unpaid Liquidated Damages, if any, on the Debentures to be redeemed to (but not including excluding) the Redemption Date; provided, however, that, if the Redemption Date (in either such casefalls after a Record Date and on or prior to the succeeding Interest Payment Date, the "Redemption Price")Price shall be equal to 100% of the principal amount of the Debentures to be redeemed. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible SecuritiesDebentures, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities Debentures to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if 3.01 not less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 thirty (30) days but not more than 60 sixty (60) days before the Redemption Date, unless the Trustee consents to a shorter period, accompanied by an Officers’ Certificate to the effect that such redemption will comply with the conditions herein.