Common use of Optional Redemption Provisions Clause in Contracts

Optional Redemption Provisions. (a) Except as provided in Section 3.07(b) hereof, the Senior Notes may not be redeemed at the option of the Company prior to ____________, 2001. During the twelve (12) month period beginning on ____________ of the years indicated below, the Senior Notes will be redeemable at the option of the Company, in whole or in part, on at least 30 but not more than 60 days' notice to each Holder of Senior Notes to be redeemed, at the redemption prices (expressed as percentages of the principal amount) set forth below, plus any accrued and unpaid interest to the redemption date: Year Percentage ---- ---------- 2001................................................... % 2002................................................... % 2003................................................... % 2004 and thereafter.................................... 100.000% (b) Notwithstanding the foregoing, prior to ____________, 1999, the Company may (but shall not have the obligation to) redeem up to 35% of the original aggregate principal amount of the Senior Notes at a redemption price of ___% of the principal amount thereof, plus accrued and unpaid interest to the redemption date, with the net proceeds of one or more Equity Offerings; provided that at least 65% of the aggregate principal amount of Senior Notes originally issued remain outstanding immediately after the occurrence of any such redemption; and provided, further, that any such redemption shall occur within 60 days of the date of the closing of any such Equity Offering.

Optional Redemption Provisions. (a) Except as provided in Section 3.07(b) hereof, the Senior Notes may not be redeemed at the option of the Company prior to ____________, 2001. During the twelve (12) twelve-month period beginning on ________________ of the years indicated below, the Senior Notes will be redeemable at the option of the Company, in whole or in part, on at least 30 but not more than 60 days' notice to each Holder of Senior Notes to be redeemed, at the redemption prices (expressed as percentages of the principal amount) set forth below, plus any accrued and unpaid interest to the redemption date: Year Percentage ---- ---------- 2001................................................... 2001 ......................................______% 2002................................................... 2002 ......................................______% 2003................................................... 2003 ......................................______% 2004 and thereafter.................................... 100.000.........................100.00% (b) Notwithstanding the foregoing, prior to _____________, 1999, the Company may (but shall not have the obligation to) redeem up to 35% of the original aggregate principal amount of the Senior Notes at a redemption price of ___% of the principal amount thereof, plus accrued and unpaid interest to the redemption date, with the net proceeds of one or more Equity Offerings; provided that at least 65% of the aggregate principal amount of Senior Notes originally issued remain outstanding immediately after the occurrence of any such redemption; and provided, further, that any such redemption shall occur within 60 days of the date of the closing of any such Equity Offering. (c) Notwithstanding the foregoing, the restrictions on optional redemptions described herein do not limit the Company's right to separately make open market, privately negotiated or other purchases of Senior Notes from time to time.

Optional Redemption Provisions. (a) Except as provided in Section 3.07(b) hereof, the Senior Notes may will not be redeemed redeemable at the Company's option of the Company prior to ____________January 15, 20012002. During the twelve (12) month period beginning on ____________ of the years indicated belowThereafter, the Senior Notes will be redeemable subject to redemption at the option of the Company, in whole or in part, on at least upon not less than 30 but not nor more than 60 days' notice to each Holder of Senior Notes to be redeemednotice, at the redemption prices (expressed as percentages of the principal amount) set forth below, below plus any accrued and unpaid interest and Liquidated Damages, if any, thereon to the applicable redemption date, if redeemed during the twelve-month period beginning on January 15 of the years indicated below: Year Percentage ---- ---------- 2001................................................... % 2002................................................... 2003................................................................105.250% 2003................................................... ................................................................103.938% 2004 2004................................................................102.625% 2005................................................................101.313% 2006 and thereafter.................................... .................................................100.000% (b) Notwithstanding the foregoing, at any time prior to ____________January 15, 19992000, the Company may (but shall not have the obligation to) redeem up to 35% of the original in aggregate principal amount of the Senior Notes with the net proceeds of (i) one or more offerings of Equity Interests (other than Disqualified Stock) of the Company or (ii) one or more offerings of Equity Interests or other securities of KMG or KMSI, to the extent the net proceeds thereof are contributed or advanced to the Company as a capital contribution to common equity, in each case, at a redemption price of ___equal to 109.5% of the principal amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net proceeds of one or more Equity Offerings; provided that at least 65% of the in aggregate principal amount of Senior the Notes originally issued remain outstanding immediately after the occurrence of any such redemption; and provided, further, that any each such redemption shall will occur within 60 90 days of the date of the closing of any such Equity Offeringoffering.