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be redeemed by the Company if the principal amount of the Notes has been accelerated and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a default by the Company in the payment of the Redemption Price with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 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 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 1, 2013, the Notes shall The Securities will not be redeemable at subject to redemption prior to October 5, 2012, except to preserve the Company’s optionstatus as a REIT. On or after July 1October 5, 20132012, the Companyor if, at its option, may redeem the Notes for cash at any time, or from time the Company determines it is necessary to timeredeem the Securities in order to preserve the Company’s qualification as a real estate investment trust under the Internal Revenue Code of 1986, as amended (“REIT”), the Company shall have the right to redeem the Securities in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ prior written notice delivered to the Holders, for cash at a redemption price (the “Redemption Price”) Price equal to 100% of the principal amount of the Notes Securities to be redeemed, plus any accrued and unpaid interest, interest (including Liquidated Damages and accrued and unpaid Additional Interest, if any, on the Notes redeemed ) thereon up to, but not including, the Redemption DateDate (the “Redemption Price”); provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, that if the Redemption Date is on a date that is after an Interest a 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 the related interest (including Liquidated Damages and Additional Interest, if any, ) due on the such Interest Payment Date to the holder Holder of record at the close of business on the corresponding Interest Record Date. If In the case where the Company elects is redeeming the Securities to preserve its status as a REIT, the Company shall provide the Trustee with an Officer’s Certificate evidencing that the Board of Directors has, in good faith, made the determination that it is necessary to redeem Notes pursuant the Securities in order to this Section 3.01, it shall notify preserve 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 Company’s qualification as a default by the Company in the payment of the Redemption Price with respect to such Notes)REIT for U.S. federal income tax purposes. The Company shall give the each 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 the Trustee consents to a shorter period. Such notice shall be satisfactory accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the Trustee)effect that such redemption will comply with the conditions herein.

Company's Right to Redeem; Notices to Trustee. Prior to July October 1, 20132014, the Notes shall will not be redeemable at the Company’s optionredeemable. On or after July October 1, 20132014 and prior to October 1, 2016, the Company, at its option, may redeem the Notes for cash at any time, or from time to time, in whole or in partpart for cash but only if the Last Reported Sale Price, for 20 or more Trading Days in a period of 30 consecutive Trading Days ending within three Trading Days prior to the date the Company provides the notice of redemption (the “Redemption Notice”) to Noteholders exceeds 130% of the Conversion Price in effect on each such Trading Day. The Company may redeem the Notes at a any time on or after October 1, 2016 and prior to the Maturity Date regardless of the Last Reported Sale Price of the Common Stock. The redemption price for the Notes (the “Redemption Price”) equal to will be 100% of the principal amount of the Notes to be redeemed, plus any accrued and unpaid interest, and accrued and unpaid Additional Interest, if any, on the Notes redeemed up interest to, but not includingexcluding, the date of such redemption (the “Redemption Date; provided, however, that, in no event shall a Redemption Date be a Legal Holiday; provided, further, that, if ”) unless the Redemption Date is on a date that is after an Interest Record Date and on or prior to the corresponding related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Notes as of the preceding Interest Record Date and the Redemption Price payable to the holder whose Notes have been redeemed pursuant to this Article 14 shall be 100% of equal to the principal amount of the Notes redeemed but shall subject to redemption and will not include any 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 Dateinterest. If the Company elects to redeem Notes pursuant to this Section 3.01Notes, 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 forgoing 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 prior to the Redemption Date (Date, unless a shorter notice shall be period is 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).