Contingent Cash Interest. 60 Section 12.02 Payment of Contingent Cash Interest; Contingent Cash Interest Rights Preserved ..................................61 Section 12.03 Bid Solicitation Agent .......................................62
Contingent Cash Interest. Commencing after September 7, 2004 the Company shall make Contingent Cash Interest payments to the Holders of Securities, as described below, during any six month period from September 7 to March 6 (inclusive) and from March 7 to September 6 (inclusive) (each a "Semiannual Period") if, but only if, the average Securities' Market Price of one Security for the five Trading Days in the relevant Five-Trading-Day Measurement Period equals 120% or more of the Accreted Value of such Security to the day immediately preceeding the first day of the applicable Semiannual Period. During any Semiannual Period when Contingent Cash Interest is payable pursuant to this section, each Contingent Cash Interest payment due and payable pursuant to this section on each $1,000 principal amount at maturity of Securities shall be calculated for any quarterly period of the applicable Semiannual Period, and in each instance shall equal the greater of (i) $ .46 multiplied by 5.277 or (ii) the sum of all Regular Cash Dividends paid by the Company per share on the Ordinary Shares during the applicable quarter of such Semiannual Period multiplied by the then aplicable Conversion Rate. Contingent Cash Interest shall accrue as of the 15th day preceding the last day of the relevant Semiannual Period (each a "Contingent Cash Interest Record Date"), or, if the Company pays Regular Cash Dividends on its Ordinary Shares during a quarter within the relevant Semiannual Period, as of the Ordinary Shares Record Date (as defined below). If the Company only pays Regular Cash Dividends for one quarter within the relevant Semiannual Period, the remaining Contingent Cash Interest will accrue and be payable as of the Contingent Cash Interest Record Date. Accrued and unpaid Contingent Cash Interest, if any, shall be paid on the last day of such Semiannual Period or, if the Company pays a Regular Cash Dividend on the Ordinary Shares during a Semiannual Period, on the payment date for the related Ordinary Shares dividend (in each case, a "Contingent Cash Interest Payment Date"). The Original Issue Discount of the Securities will continue to accrue whether or not Contingent Cash Interest payments are made or any Contingent Additional Principal accrues.
Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, contingent cash interest (“Contingent Cash Interest”) to the Holder of this Security during any six-month period (each a “Contingent Interest Period”) from February 8 to August 7 or from August 8 to February 7, commencing on or after February 8, 2012, if the average of the LYON Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 and October 31 (each a “Contingent Interest Payment Date”) of the relevant six-month period to Holders of the Security on the record date, which will be each April 15, July 15, October 15 and January 15, immediately preceding each applicable payment date set forth below. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price thereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price for each applicable six-month period. Payment Date Quarterly Interest Payment Date Quarterly Interest April 30, 2012 $2.57 October 31, 2021 $3.75 July 31, 2012 $2.57 January 31, 2022 $3.75 October 31, 2012 $2.69 April 30, 2022 $3.75 January 31, 2013 $2.69 July 31, 2022 $3.75 April 30, 2013 $2.69 October 31, 2022 $3.86 July 31, 2013 $2.69 January 31, 2023 $3.86 October 31, 2013 $2.81 April 30, 2023 $3.86 January 31, 2014 $2.81 July 31, 2023 $3.86 April 30, 2014 $2.81 October 31, 2023 $3.98 July 31, 2014 $2.81 January 31, 2024 $3.98 October 31, 2014 $2.93 April 30, 2024 $3.98 January 31, 2015 $2.93 July 31, 2024 $3.98 April 30, 2015 $2.93 October 31, 2024 $4.10 July 31, 2015 $2.93 January 31, 2025 $4.10 October 31, 2015 $3.04 April 30, 2025 $4.10 January 31, 2016 $3.04 July 31, 2025 $4.10 April 30, 2016 $3.04 October 31, 2025 $4.21 July 31, 2016 $3.04 January 31, 2026 $4.21 October 31, 2016 $3.16 April 30, 2026 $4.21 January 31, 2017 $3.16 July 31, 2026 $4.21 April 30, 2017 $3.16 October 31, 2026 $4.33 July 31, 2017 $3.16 January 31, 2027 $4.33 October 31, 2017 $3.28 April 30, 2027 $4.33 January 31, 2018 $3.28 July 31, 2027 $4.33 April 30, 2018 $3.28 October 31, 2027 $4.45 July 31, 2018 $3.28 January 31, 2028 $4.45 October 31, 2...
Contingent Cash Interest. Subject to the accrual and record date provisions specified in this paragraph 5, the Company shall pay contingent cash interest ("Contingent Cash Interest") to the Holder of this Security during any six-month period (each a "Contingent Interest Period") from February 8 to August 7 or from August 8 to February 7, commencing on or after February 8, 2006, if the average of the LYON Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price of this Security. The amount of Contingent Cash Interest payable per $1,000 Principal Amount at Maturity hereof in respect of any Contingent Interest Period shall equal the amount of Regular Cash Dividends payable by the Company per share of Common Stock during that Contingent Interest Period multiplied by the number of shares of Common Stock into which $1,000 Principal Amount at Maturity hereof is convertible pursuant to paragraph 9 hereof as of the accrual date for such Contingent Cash Interest. During any Contingent Interest Period with respect to which Contingent Cash Interest is payable, the Company will notify the Trustee upon its declaration of each Regular Cash Dividend. Contingent Cash Interest, if any, will accrue and be payable to Holders as of the record date for the Regular Cash Dividend giving rise to such accrued Contingent Cash Interest. Such payments shall be paid on the payment date of the related Regular Cash Dividend.
Contingent Cash Interest. Commencing on September 12, 2006, the Company shall make payments of additional interest to the Holders of Securities ("Contingent Cash Interest"), as set forth in Section 13.02 below, during any six month period from September 12 to March 11 and from March 12 to September 11 (each a "Semi-annual Period") if, but only if, the average Security Market Price of a Security with $1,000 Principal Amount at Maturity for the five trading days in the relevant Five-Trading-Day Measurement Period (as defined below) equals 120% or more of the Relevant Value of such Security. During any Semi-annual Period when Contingent Cash Interest is payable pursuant to this section, each Contingent Cash Interest payment due and payable on each $1,000 Principal Amount at Maturity of Security shall be calculated for any quarterly period of the applicable Semi-annual Period, and in each instance shall equal the greater of (i) 0.0625% of the average Security Market Price for the relevant Five-Trading-Day Measurement Period or (ii) the sum of all Regular Cash Dividends paid by the Company per share on the Common Stock during the applicable quarter of such Semi-annual Period multiplied by the then applicable Conversion Rate, provided, however, that if Regular Cash Dividends are not paid in such Semi-annual Period, the Contingent Cash Interest shall be paid semi-annually at a rate of 0.125% of the average Security Market Price for the relevant Five-Trading-Day Measurement Period. Contingent Cash Interest shall accrue and be payable as of the record date, which shall be the 15th day preceding the last day of the relevant Semi-annual Period or if the Company pays a regular cash dividend on its Common Stock during a quarter within the relevant Semi-annual Period, to Securityholders as of the record date for such Common Stock dividend.
Contingent Cash Interest. The Company shall make Contingent Cash Interest payments to the Holders during any six-month period from January 16 and July 15 and from July 16 to January 15, beginning with the six-month period commencing on January 16, 2009 (each, a "Semiannual Period") if, but only if, the Average Security Market Price for the five Trading Days ending on the third Trading Day immediately preceding the first day of the applicable Semiannual Period equals 120% or more of the Relevant Value per Note. During any Semiannual Period when Contingent Cash Interest is payable pursuant to this Section 2.02(e), each Contingent Cash Interest payment due and payable on each $1,000 Principal Amount at Maturity of Notes for the applicable Semiannual Period, shall equal the annual rate of 0.25% of the Average Security Market Price for the five Trading Day measuring period referred to in the preceding sentence. Contingent Cash Interest shall be calculated on the basis of a 360-day year of twelve 30-day months.
Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, contingent cash interest ("Contingent Cash Interest") to the Holder of this Security during any six-month period (each a "Contingent Interest Period") from February 8 to August 7 or from August 8 to February 7, commencing on or after February 8, 2006, if the average of the LYON Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 and October 31 (each a "Contingent Interest Payment Date") of the relevant six-month period to Holders of the Security on the record date, which will be each April 15, July 15, October 15 and January 15, immediately preceding each applicable payment date set forth below. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price thereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price for each applicable six-month period. Quarterly Quarterly Payment Date Interest Payment Date Interest April 30, 2006............. $1.87 October 31, 2018........... $3.39 July 31, 2006.............. $1.87 January 31, 2019........... $3.39 October 31, 2006........... $1.99 April 30, 2019............. $3.39 January 31, 2007........... $1.99 July 31, 2019.............. $3.39 April 30, 2007............. $1.99 October 31, 2019........... $3.51 July 31, 2007.............. $1.99 January 31, 2020........... $3.51 October 31, 2007........... $2.11 April 30, 2020............. $3.51 January 31, 2008........... $2.11 July 31, 2020.............. $3.51 April 30, 2008............. $2.11 October 31, 2020........... $3.63 July 31, 2008.............. $2.11 January 31, 2021........... $3.63 October 31, 2008........... $2.22 April 30, 2021............. $3.63 January 31, 2009........... $2.22 July 31, 2021.............. $3.63 April 30, 2009............. $2.22 October 31, 2021........... $3.75 July 31, 2009.............. $2.22 January 31, 2022........... $3.75 October 31, 2009........... $2.34 April 30, 2022............. $3.75 January 31, 2010........... $2.34 July 31, 2022.............. $3.75 April 30, 2010............. $2.34 October 31, 2022.........
Contingent Cash Interest. Section 12.01
Contingent Cash Interest. The Company shall make Contingent Cash Interest payments to the Holders of Securities, as set forth in Section 13.02 below, during any six month period commencing May 14 or November 14 beginning with the six-month period commencing on May 14, 2007 (each a "Semiannual Period") if, but only if, the average of the Security Market Prices of a Security for the five Trading Days in the relevant Five-Trading-Day Measurement Period equals 120% or more of the Relevant Value of such Security. During any Semiannual Period when Contingent Cash Interest is payable pursuant to this section, each Contingent Cash Interest payment due and payable on each $1,000 Principal Amount at Maturity shall be calculated for any quarterly period within the applicable Semiannual Period, and in each instance shall equal the greater of the applicable Conversion Rate at such time with respect to the Securities as determined in accordance with Article 11 hereof and paragraph 9 of the Securities, multiplied by the greater of (a) $0.105 and (b) the sum of all Regular Cash Dividends paid by the Company per share on the Common Stock during the applicable quarter of such Semiannual Period.
Contingent Cash Interest. Subject to the conditions of the Indenture and the record date provisions specified in this paragraph 5, the Company shall pay Contingent Cash Interest to the Holders during any six-month period (a "Contingent Cash Interest Period") from September 12 to March 11 and from March 12 to September 11, with the initial six-month period commencing on September 12, 2006, if the average Security Market Price for the Five-Trading-Day Measurement Period preceding the first day of the Contingent Cash Interest Period equals 120% or more of the sum of the Issue Price of a Security and Original Issue Discount accrued thereon for such Security as of the day immediately preceding the first day of the applicable Contingent Cash Interest Period; provided, however, that if the Company declares a Common Stock dividend for which the record date for such dividend (the "Common Stock Record Date") falls prior to the first day of a Contingent Cash Interest Period, but the payment date for such dividend falls within such Contingent Cash Interest Period, then the "Five-Trading-
