Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2, 2008, the Company may, at its option, use the Net Cash Proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture at a redemption price of 107.875% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) at least 65% of the principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) the Company gives notice of such redemption not more than 60 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2December 15, 20082012, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture Notes at a redemption price of 107.875108.500% of the principal amount thereof plus thereof, together with accrued and unpaid interest thereonand Additional Interest, if any, to the date of redemption; provided that: (a1) at least 65% of the principal amount of Securities the Notes originally issued under the Indenture remains on the Issue Date remain outstanding immediately after any such redemption; and (b2) the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2October 15, 20082005, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the aggregate principal amount of the Securities issued under the Indenture at a redemption price of 107.875equal to 110% of the principal amount thereof thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) that at least 65% of the original principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) . In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, the Company gives notice of shall make such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2July 1, 20082019, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings public or private offering of Qualified Capital Stock (as defined belowin the Indenture) of the Company to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875105.875% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemptionRedemption Date; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2April 15, 20082002, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875111.500% of the principal amount thereof of Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2December 15, 20082006, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875106.5% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a1) at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b2) the Company gives notice of makes such redemption not more than 60 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2April 15, 20082007, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem (an "Equity Proceeds Redemption") up to 35% of the aggregate principal amount of the Securities originally issued under the Indenture at a redemption price of 107.875108.25% of the principal amount thereof thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a1) at least 65% of the initial aggregate principal amount of Securities originally issued under the Indenture remains outstanding immediately after any each such redemption; and (b2) the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2April 15, 20082002, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875111.500% of the principal amount thereof thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At In addition, at any time, or time and from time to time, time on or prior to March 2January 15, 20082001, the Company Issuers may, at its their option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) by the Company to redeem up to 3540% of the aggregate principal amount at maturity of the Securities issued under the Indenture at a redemption price of 107.875in cash equal to 110.750% of the principal amount Accreted Value thereof plus accrued and unpaid interest thereon, if any, to on the date of redemption; provided that: (a) provided, however, that at least 6560% of the aggregate principal amount at maturity of the Securities originally issued under the Indenture remains must remain outstanding immediately after giving effect to each such redemption (excluding any such redemption; and (b) Securities held by an Issuer or any of its Affiliates). In order to effect the Company gives notice foregoing redemption with the proceeds of any Equity Offering, the Issuers shall make such redemption not more than 60 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from ----------------------------------------- time to time, on or prior to March 2June 1, 2008, 2002 the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture at a redemption price of 107.875109.750% of the principal amount thereof thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) that at least 65% of the principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2July 1, 20082007, the Company may, at its option, use the Net Cash Proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture at a redemption price of 107.875108.25% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that: (a) at least 65% of the principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) the Company gives notice of such redemption not more than 60 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from ----------------------------------------- time to time, on or prior to March 2June 1, 20082002, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture at a redemption price of 107.875109.750% of the principal amount thereof thereof, plus accrued and unpaid interest thereonthereon (including Additional Interest), if any, to the date of redemption; provided that: (a) that at least 65% of the principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2November 15, 20082007, the Company may, at its option, use all or any portion of the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the aggregate principal amount of the Securities issued under the Indenture at a redemption price of 107.875equal to 108.625% of the principal amount thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemption; provided that: (a) that at least 65% of the aggregate principal amount of Securities issued under the Indenture remains outstanding immediately after any such redemption; and (b) . In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company gives notice of shall make such redemption not more than 60 180 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2September 15, 20082016, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture Notes at a redemption price of 107.875105.875% of the principal amount thereof plus thereof, together with accrued and unpaid interest thereonand Additional Interest, if any, to the date of redemption; provided that: (a1) at least 65% of the principal amount of Securities the Notes originally issued under the Indenture remains on the Issue Date remain outstanding immediately after any such redemption; and (b2) the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2July 1, 20082006, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings public or private offering of Qualified Capital Stock (as defined belowin the Indenture) of the Company to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875106.875% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemptionRedemption Date; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2May 1, 20082010, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings public or private offering of Qualified Capital Stock (as defined belowin the Indenture) of the Company to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875106.875% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemptionRedemption Date; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2December 1, 20082013, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings public or private offering of Qualified Capital Stock (as defined belowin the Indenture) of the Company to redeem up to 35% of the principal amount of the Securities Notes issued under the Indenture at a redemption price of 107.875% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemptionRedemption Date; provided that: (a) that at least 65% of the principal amount of Securities Notes issued under the Indenture remains outstanding immediately after any such redemption; and (b) redemption and the Company gives notice of makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2May 15, 20082001, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture at a redemption price of 107.875Redemption Price equal to 109% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the date of redemptionRedemption Date; provided that: (a) provided, that at least 65% of the principal amount of the -------- Securities originally issued under the Indenture remains outstanding immediately after any such redemption; and (b) . In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company gives notice of shall make such redemption not more than 60 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to March 2June 15, 20082018, the Company Operating Partnership may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Securities issued under the Indenture Notes at a redemption price of 107.875105.625% of the principal amount thereof plus thereof, together with accrued and unpaid interest thereonand Additional Interest, if any, to to, but not including, the date of redemption; provided that: (a1) at least 65% of the principal amount of Securities the Notes originally issued under the Indenture remains on the Issue Date remain outstanding immediately after any such redemption; and (b2) the Company gives notice of Operating Partnership makes such redemption not more than 60 90 days after the consummation of any such Equity Offering.