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

Company's Right to Redeem; Notices to Trustee. Prior to July 1, 2013, the Notes shall not be redeemable at the Company’s option. On or after July 1, 2013, the Company, at its option, may redeem the Notes for cash at any time, or from time to time, in whole or in part, at a redemption price (the “Redemption Price”) equal to 100% of the principal amount of the Notes redeemed, plus any accrued and unpaid interest, and accrued and unpaid Additional Interest, if any, on the Notes redeemed up to, but not including, the Redemption Date; provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, if the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes redeemed but shall not include accrued and unpaid interest and accrued and unpaid Additional Interest, if any. Instead, the Company shall pay such interest and Additional Interest, if any, on the Interest Payment Date to the holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company if the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes). The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).

Company's Right to Redeem; Notices to Trustee. Prior to July 1May 20, 2013, the Notes shall not be redeemable at the Company’s option. On or after July 1May 20, 2013, the Company, at its option, may redeem the Notes for cash at any time, or from time to time, in whole or in part, at a redemption price (the “Redemption Price”) equal to 100% of the principal amount of the Notes redeemed, plus any accrued and unpaid interest, accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Interest, if any, on the Notes redeemed up to, but not including, the Redemption Date; provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, if the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes redeemed but shall not include accrued and unpaid interest and interest, accrued and unpaid Contingent Interest, if any, and Additional Interest, if any. Instead, the Company shall pay such interest interest, Contingent Interest, if any, and Additional Interest, if any, on the Interest Payment Date to the holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company if the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes). The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).

Company's Right to Redeem; Notices to Trustee. Prior to July 1June 6, 20132011, the Notes Securities shall not be redeemable at the Company’s 's option. On or after July 1June 6, 20132011, the Company, at its option, may redeem the Notes Securities for cash U.S. legal tender ("CASH") at any time, or from time to time, in whole or in part, at a redemption price (the “Redemption Price”"REDEMPTION PRICE") equal to 100% of the principal amount of the Notes Securities to be redeemed, plus any accrued and unpaid interestInterest, accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional InterestAmounts, if any, on the Notes Securities redeemed up to, but not including, the Redemption Date; provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, provided that if the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes Securities redeemed but shall not include accrued and unpaid interest and Interest, accrued and unpaid Contingent Interest, if any, and Additional InterestAmounts, if any. Instead, the Company shall pay such interest Interest, Contingent Interest, if any, and Additional InterestAmounts, if any, on the Interest Payment Date to the holder Holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes Securities pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes Securities to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company may not redeem the Securities if it has failed to pay any Interest, including Contingent Interest, if any, and Additional Amounts, if any, on the principal amount of the Notes has been accelerated Securities when due and such acceleration has not been rescinded on or prior failure to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes)pay is continuing. The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).

Company's Right to Redeem; Notices to Trustee. Prior to July 1February 6, 20132012, the Notes Securities shall not be redeemable at the Company’s 's option. On or after July February 6, 2012 through and including February 1, 20132017, the Company, at its option, may redeem the Notes Securities for cash at any time, or from time to timeU.S. legal tender ("cash"), in whole or in part, at a redemption price (the “"Redemption Price”") equal to 100% of the principal amount of the Notes Securities redeemed, plus any accrued and unpaid interest, Interest and accrued and unpaid Additional Interest, if any, on the Notes Securities redeemed up to, but not including, the Redemption Date if the Last Reported Sale Price of the Common Stock for at least 20 Trading Days during the period of 30 consecutive Trading Days ending on the last Trading Day is more than 130% of the Conversion Price in effect on such last Trading Day (such last Trading Day being no later than February 1, 2017). On or after February 1, 2017, the Company, at its option, may redeem the Securities for cash at any time, in whole or in part, at a Redemption Price equal to 100% of the principal amount of the Securities redeemed, plus any accrued and unpaid Interest and accrued and unpaid Additional Interest, if any, on the Securities redeemed up to, but not including, the Redemption Date; provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, if . If the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes Securities redeemed but shall not include accrued and unpaid interest Interest and accrued and unpaid Additional Interest, if any. Instead, the Company shall pay such interest Interest and Additional Interest, if any, on the Interest Payment Date to the holder Holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes Securities pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes Securities to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company may not redeem the Securities if it has failed to pay any Interest, including Additional Interest, if any, on the principal amount of the Notes has been accelerated Securities when due and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes)failure is continuing. The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 75 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).

Company's Right to Redeem; Notices to Trustee. Prior to July 1August 15, 2013, the Notes shall not be redeemable at the Company’s option. On or after July 1August 15, 2013, the Company, at its option, may redeem the Notes for cash at any time, or from time to time, in whole or in part, at a redemption price (the “Redemption Price”) equal to 100% of the principal amount of the Notes redeemed, plus any accrued and unpaid interest, interest and accrued and unpaid Additional Interest, if any, on the Notes redeemed up to, but not including, the Redemption Date; provided, provided however, that, in no event shall a Redemption Date be a Legal Holiday; provided, provided further, that, if the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes redeemed but shall not include accrued and unpaid interest and accrued and unpaid Additional Interest, if any. Instead, the Company shall pay such interest and Additional Interest, if any, on the Interest Payment Date to the holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company if the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes). The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).

Company's Right to Redeem; Notices to Trustee. Prior to July 1August 15, 2013, the Notes shall not be redeemable at the Company’s option. On or after July 1August 15, 2013, the Company, at its option, may redeem the Notes for cash at any time, or from time to time, in whole or in part, at a redemption price (the “Redemption Price”) equal to 100% of the principal amount of the Notes redeemed, plus any accrued and unpaid interest, accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Interest, if any, on the Notes redeemed up to, but not including, the Redemption Date; provided, provided however, that, in no event shall a Redemption Date be a Legal Holiday; provided, provided further, that, if the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the Redemption Price shall be 100% of the principal amount of the Notes redeemed but shall not include accrued and unpaid interest and interest, accrued and unpaid Contingent Interest, if any, and Additional Interest, if any. Instead, the Company shall pay such interest interest, Contingent Interest, if any, and Additional Interest, if any, on the Interest Payment Date to the holder of record on the corresponding Interest Record Date. If the Company elects to redeem Notes pursuant to this Section 3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount of Notes to be redeemed and the Redemption Price. Notwithstanding the foregoing, no Notes may be redeemed by the Company if the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with respect to such Notes). The Company shall give the notice to the Trustee provided for in this Section 3.01 by a Company Order, at least 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).