Common use of Optional Prepayment by Corporation Clause in Contracts

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c), the Corporation shall have the right to prepay the Securities, in whole or in part, at any time on or after the Initial Optional Redemption Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholders, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) to the applicable date of prepayment (the "Optional Prepayment Price"), if prepaid during the 12-month period beginning November 15 of the years indicated below. Year Percentage of Principal ------ ------------------------- 2009 104.938% 2010 104.444% 2011 103.950% 2012 103.457% 2013 102.963% 2014 102.469% 2015 101.975% 2016 101.481% 2017 100.988% 2018 100.494% 2019 and thereafter 100.000% If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid shall be selected on a PRO RATA basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities not previously called for prepayment; PROVIDED, HOWEVER, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA prepayment, the Corporation shall prepay Securities of each such Securityholder so that after such prepayment such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDED, FURTHER, that any such proration may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon New York City time, on the date of such prepayment or at such earlier time as the corporation determines, PROVIDED that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c)the provisions of this Article XIV, the Corporation shall have the right to prepay the SecuritiesJunior Subordinated Debentures, in whole or in part, at any time on or after the Initial Optional Redemption Prepayment Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholdersnotice, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, to the applicable date of prepayment (the "Optional Prepayment Price"), ) if prepaid during the 12-month period beginning November 15 December 1 of the years indicated below. Percentage Year Percentage of Principal ------ ------------------------- 2007 104.450% 2008 104.005% 2009 104.938103.560% 2010 104.444103.115% 2011 103.950102.670% 2012 103.457102.225% 2013 102.963101.780% 2014 102.469101.335% 2015 101.975100.890% 2016 101.481100.445% 2017 100.988% 2018 100.494% 2019 and thereafter 100.000% If the Securities Junior Subordinated Debentures are only partially prepaid pursuant to this Section 14.02, the Securities Junior Subordinated Debentures to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities Junior Subordinated Debentures not previously called for prepayment; PROVIDED, HOWEVERprovided, however, that with respect to Securityholders Debentureholders that would be required to hold Securities Junior Subordinated Debentures with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities Junior Subordinated Debentures of each such Securityholder Debentureholder so that after such prepayment such Securityholder Debentureholder shall hold Securities Junior Subordinated Debentures either with an aggregate principal amount of at least $100,000 or such Securityholder Debentureholder no longer holds any SecuritiesJunior Subordinated Debentures, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDED, FURTHERprovided, further, that any such proration may be made on the basis of the aggregate principal amount of Securities Junior Subordinated Debentures held by each Securityholder Debentureholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities Junior Subordinated Debentures in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon noon, New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c), the Corporation shall have the right to prepay the Securities, in whole or in part, at any time on or after the Initial Optional Redemption Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholders, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) to the applicable date of prepayment (the "Optional Prepayment Price"), if prepaid during the 12-month period beginning November October 15 of the years indicated below. Year Percentage of Principal ------ ------------------------- YEAR PERCENTAGE OF PRINCIPAL 2009 104.938% 2010 104.444% 2011 103.950% 2012 103.457% 2013 102.963% 2014 102.469% 2015 101.975% 2016 101.481% 2017 100.988% 2018 100.494% 2019 and thereafter 100.000% If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities not previously called for prepayment; PROVIDED, HOWEVER, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities of each such Securityholder so that after such prepayment such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDED, FURTHER, that any such proration may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c), the Corporation shall have the right to prepay the Securities, in whole or in part, at any time on or after the Initial Optional Redemption Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the SecurityholdersDebenture Trustee, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) to the applicable date of prepayment (the "Optional Prepayment Price"), if prepaid during the 12-month period beginning November 15 [_____] of the years indicated below. Percentage Year Percentage of Principal ------ ------------------------- ---- ------------ 2009 104.938[_____]% 2010 104.444[_____]% 2011 103.950[_____]% 2012 103.457[_____]% 2013 102.963[_____]% 2014 102.469[_____]% 2015 101.975[_____]% 2016 101.481[_____]% 2017 100.988[_____]% 2018 100.494[_____]% 2019 and thereafter 100.000% -52- If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities not previously called for prepayment; PROVIDEDprovided, HOWEVERhowever, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 25 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities of each such Securityholder so that after such prepayment such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 25 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDEDprovided, FURTHERfurther, that any such proration may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities in denominations of $1,000 25 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon noon, New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c), the Corporation shall have the right to prepay the Securities, in whole or in part, at any time on or after the Initial Optional Redemption Prepayment Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholders, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) to the applicable date of prepayment (the "Optional Prepayment Price"), if prepaid during the 12-month period beginning November 15 June 8 of the years indicated below. Year Percentage of Principal ------ ------------------------- 2009 104.938% 2010 104.444% ---- ----------------------- 2011 103.950105.090% 2012 103.457104.581% 2013 102.963104.072% 2014 102.469103.563% 2015 101.975103.054% 2016 101.481102.545% 2017 100.988102.036% 2018 100.494101.527% 2019 101.018% 2020 100.509% 2021 and thereafter 100.000% If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities not previously called for prepayment; PROVIDEDprovided, HOWEVERhowever, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities of each such Securityholder so that after such prepayment such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDEDprovided, FURTHERfurther, that any such proration may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c)the provisions of this Article XIV, the Corporation shall have the right to prepay the SecuritiesJunior Subordinated Debentures, in whole or in part, at any time on or after the Initial Optional Redemption Prepayment Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholdersnotice, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, to the applicable date of prepayment (the "Optional Prepayment Price"), ) if prepaid during the 12-month period beginning November 15 December 1 of the years indicated below. Percentage Year Percentage of Principal ------ ------------------------- ---- ------------ 2007 104.450% 2008 104.005% 2009 104.938103.560% 2010 104.444103.115% 2011 103.950102.670% 2012 103.457102.225% 2013 102.963101.780% 2014 102.469101.335% 2015 101.975100.890% 2016 101.481100.445% 2017 100.988% 2018 100.494% 2019 and thereafter 100.000% If the Securities Junior Subordinated Debentures are only partially prepaid pursuant to this Section 14.02, the Securities Junior Subordinated Debentures to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities Junior Subordinated Debentures not previously called for prepayment; PROVIDED, HOWEVERprovided, however, that with respect to Securityholders Debentureholders that would be required to hold Securities Junior Subordinated Debentures with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities Junior Subordinated Debentures of each such Securityholder Debentureholder so that after such prepayment such Securityholder Debentureholder shall hold Securities Junior Subordinated Debentures either with an aggregate principal amount of at least $100,000 or such Securityholder Debentureholder no longer holds any SecuritiesJunior Subordinated Debentures, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDED, FURTHERprovided, further, that any such proration may be made on the basis of the aggregate principal amount of Securities Junior Subordinated Debentures held by each Securityholder Debentureholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities Junior Subordinated Debentures in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon noon, New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.

Optional Prepayment by Corporation. (a) Subject to Sections 14.02(b) and (c), the Corporation shall have the right to prepay the Securities, in whole or in part, at any time on or after the Initial Optional Redemption Date, upon (i) not more than 45 days' written notice to the Debenture Trustee and (ii) not less than 30 days and not more than 60 days' written notice to the Securityholdersnotice, at the prepayment prices set forth below plus, in each case, accrued and unpaid interest thereon (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, to the applicable date of prepayment (the "Optional Prepayment Price"), ) if prepaid during the 12-month period beginning November 15 May 1 of the years indicated below. Percentage Year Percentage of Principal ------ ------------------------- ---- ------------ 2008 104.085% 2009 104.938103.677% 2010 104.444103.268% 2011 103.950102.860% 2012 103.457102.451% 2013 102.963102.043% 2014 102.469101.634% 2015 101.975101.226% 2016 101.481100.817% 2017 100.988100.409% 2018 100.494% 2019 and thereafter 100.000% If the Securities are only partially prepaid pursuant to this Section 14.02, the Securities to be prepaid shall be selected on a PRO RATA pro rata basis not more than 60 days prior to the date fixed for prepayment from the outstanding Securities not previously called for prepayment; PROVIDED, HOWEVER, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of such PRO RATA pro rata prepayment, the Corporation shall prepay Securities of each such Securityholder so that after such prepayment such Securityholder shall hold Securities either with an aggregate principal amount of at least $100,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot) as the Corporation shall deem fair and appropriate; PROVIDED, FURTHER, that any such proration may be made on the basis of the aggregate principal amount of Securities held by each Securityholder and may be made by making such adjustments as the Corporation deems fair and appropriate in order that only Securities in denominations of $1,000 or integral multiples thereof shall be prepaid. The Optional Prepayment Price shall be paid prior to 12:00 noon noon, New York City time, on the date of such prepayment or at such earlier time as the corporation Corporation determines, PROVIDED that THAT the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Optional Prepayment Price by 10:00 a.m., New York City time, on the date such Optional Prepayment Price is to be paid.