Common use of Optional Redemption by Corporation Clause in Contracts

Optional Redemption by Corporation. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this Indenture, the Corporation shall have the right to redeem the Debentures, in whole or in part, from time to time on or after January 1, 2009, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a), the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York, New York time, on the date of such redemption or at such earlier time as the Corporation determines provided that the Corporation shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York, New York time, on the date such Redemption Price is to be paid. (b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The Nasdaq National Market or any national securities exchange or other organization on which the Preferred Securities are then listed or quoted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.

Optional Redemption by Corporation. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this Indenture, the Corporation Company shall have the right to redeem the Debentures, in whole or in part, from time to time time, (i) on or after January 1_______, 20092007, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption; and (ii) before _________, 2007, at a Redemption Price equal to ____% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. The Company may elect to redeem the Debentures pursuant to (ii) above only if the stock price for the Company's common stock has been at least 125% of the Conversion Price for a period of twenty consecutive business days ending within five days of the date of notice of redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a), the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York, New York time, on the date of such redemption or at such earlier time as the Corporation Company determines provided that the Corporation Company shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York, New York time, on the date such Redemption Price is to be paid. (b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The Nasdaq National Market or any national securities exchange or other organization on which the Preferred Securities are then listed or quoted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.

Optional Redemption by Corporation. (a) Subject to the provisions of Section 3.3(c3.3(b), except as otherwise may be specified in this IndentureIndenture but not in limitation of Section 3.2, the Corporation shall have the right to redeem the Debentures, in whole or in part, from time to time time, on or after January 1______ __, 20092005, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. Any redemption pursuant to this Section 3.3(a) 3.3 shall be made upon not less than 30 days' days nor more than 60 days' days notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a)3.3, the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York, New York time, on the date of such redemption or at such earlier time as the Corporation determines provided that the Corporation shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York, New York time, on the date such Redemption Price is to be paid. (b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The the Nasdaq National SmallCap Market or any national securities exchange or other organization on which the Preferred Securities are then listed or quotedlisted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.

Optional Redemption by Corporation. (a) Subject to the provisions of Section 3.3(c), except as otherwise may be specified in this IndentureArticle XIV, the Corporation shall have the right to redeem the DebenturesSecurities, in whole or in part, from time to on one or more occasions (i) at any time on or after January 1March 11, 2009, at 2005 if the Closing Price of the Common Stock for 20 Trading Days in a Redemption Price equal period of 30 consecutive Trading Days ending on the Trading Day prior to 100the mailing of the notice of redemption exceeds 120% of the principal amount to be redeemed plus then prevailing Conversion Price, or (ii) at any accrued and unpaid interest thereon to the date of such redemption. Any redemption pursuant to this Section 3.3(a) shall be made time on or after March 11, 2012, in any case, upon not less than 30 days' nor 20 days and not more than 60 days' notice to the holder of the Debenturesnotice, at the Redemption Price. If the Debentures Securities are only partially redeemed pursuant to this Section 3.3(a)14.02, the Debentures Securities to be redeemed shall be redeemed selected on a pro rata basis not more than 60 days prior to the date fixed for redemption from the outstanding Securities not previously called for redemption, provided, however, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $5,000 but more than an aggregate principal amount of zero as a result of such pro rata redemption, the Corporation shall redeem Securities of each such Securityholder so that after such redemption such Securityholder shall hold Securities either with an aggregate principal amount of at least $5,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot or in such other manner lot) as the Trustee 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 and fair in its discretionorder that only Securities in denominations of $50 or integral multiples thereof shall be redeemed. The Redemption Price shall be paid prior to 12:00 noon, New York, New York time, on the date of such redemption or at such earlier time as the Corporation determines determines, provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York, New York time, on the date such Redemption Price is to be paid. . [(b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The Nasdaq National Market or any national securities exchange or other organization on which the Preferred Securities are then listed or quoted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.Intentionally Omitted]

Optional Redemption by Corporation. (a) Subject to Section 14.01, the provisions Securities shall not be redeemable at the option of Section 3.3(c)the Corporation prior to July 1, except as otherwise may be specified 2010. The Corporation shall have the right to redeem the Securities, in this Indenturewhole or in part, on one or more occasions at any time on or after July 1, 2010, at the Make-Whole Redemption Price, if the average Closing Price per share of Common Stock for the ten (10) consecutive Trading Days ending on the Trading Day prior to the mailing of the notice of redemption exceeds 130% of the then prevailing Conversion Price. On and after July 1, 2012, the Corporation shall have the right to redeem the DebenturesSecurities, in whole or in part, from time to time on or after January 1, 2009, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. Any redemption pursuant to this Section 3.3(a) shall be made upon not less than 30 days' nor more than 60 days' notice to the holder of the Debentures, at the Redemption Price. . (b) If the Debentures Securities are only partially redeemed pursuant to this Section 3.3(a)14.02, the Debentures Securities to be redeemed shall be redeemed selected on a pro rata basis not more than sixty (60) days prior to the date fixed for redemption from the outstanding Securities not previously called for redemption, provided, however, that with respect to Securityholders that would be required to hold Securities with an aggregate principal amount of less than $5,000 but more than an aggregate principal amount of zero as a result of such pro rata redemption, the Corporation shall redeem Securities of each such Securityholder so that after such redemption such Securityholder shall hold Securities either with an aggregate principal amount of at least $5,000 or such Securityholder no longer holds any Securities, and shall use such method (including, without limitation, by lot or in such other manner lot) as the Trustee 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 and fair in its discretionorder that only Securities in denominations of $1,000.00 or integral multiples thereof shall be redeemed. The Make-Whole Redemption Price or the Redemption Price, as the case may be, shall be paid prior to 12:00 noon, New York1:00 p.m., New York City time, on the date of such redemption or at such earlier time as the Corporation determines determines, provided that the Corporation shall deposit with the Debenture Trustee an amount sufficient to pay the Make-Whole Redemption Price or the Redemption Price, as the case may be, by 10:00 a.m., New York, New York City time, on the date such Make-Whole Redemption Price or the Redemption Price, as the case may be, is to be paid. (b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The Nasdaq National Market or any national securities exchange or other organization on which the Preferred Securities are then listed or quoted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.

Optional Redemption by Corporation. (a) Subject to the provisions of Section 3.3(c3.3(b), except as otherwise may be specified in this IndentureIndenture but not in limitation of Section 3.2, the Corporation shall have the right to redeem the Debentures, in whole or in part, from time to time time, on or after January 1______ __, 20092004, at a Redemption Price equal to 100% of the principal amount to be redeemed plus any accrued and unpaid interest thereon to the date of such redemption. Any redemption pursuant to this Section 3.3(a) 3.3 shall be made upon not less than 30 days' days nor more than 60 days' days notice to the holder of the Debentures, at the Redemption Price. If the Debentures are only partially redeemed pursuant to this Section 3.3(a)3.3, the Debentures shall be redeemed pro rata or by lot or in such other manner as the Trustee shall deem appropriate and fair in its discretion. The Redemption Price shall be paid prior to 12:00 noon, New York, New York time, on the date of such redemption or at such earlier time as the Corporation determines provided that the Corporation shall deposit with the Trustee an amount sufficient to pay the Redemption Price by 10:00 a.m., New York, New York time, on the date such Redemption Price is to be paid. (b) Subject to the provisions of Section 3.3(c), the Corporation shall have the right to redeem Debentures at any time and from time to time in a principal amount equal to the Liquidation Amount (as defined in the Trust Agreement) of any Preferred Securities purchased and beneficially owned by the Corporation, plus an additional principal amount of Debentures equal to the Liquidation Amount (as defined in the Trust Agreement) of that number of Common Securities that bears the same proportion to the total number of Common Securities then outstanding as the number of Preferred Securities to be redeemed bears to the total number of Preferred Securities then outstanding. Such Debentures shall be redeemed pursuant to this Section 3.3(b) only in exchange for and upon surrender by the Corporation to the Property Trustee of the Preferred Securities and a proportionate amount of Common Securities, whereupon the Property Trustee shall cancel the Preferred Securities and Common Securities so surrendered and a Like Amount (as defined in the Trust Agreement) of Debentures shall be extinguished by the Trustee and shall no longer be deemed Outstanding. (c) If a partial redemption of the Debentures would result in the delisting of the Preferred Securities issued by the Trust from The Nasdaq National Market the American Stock Exchange or any national securities exchange or other organization on which the Preferred Securities are then listed or quotedlisted, the Corporation shall not be permitted to effect such partial redemption and may only redeem the Debentures in whole.