Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1, 2005, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amount, together with accrued and unpaid interest and Additional Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain outstanding immediately after each such redemption; and provided, further, that each such redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1March 15, 20052006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (Interest, if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the this Indenture will remain outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each such redemption Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1March 15, 20052006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875% of the principal amount, together with accrued and unpaid interest and Additional Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain outstanding immediately after each such redemption; and provided, further, that each such redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1April 15, 20052006, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875equal to 109.625% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (thereon, if any), to the date of redemption, ; provided, however, that at least 65% of the original principal amount of the Notes initially issued under the this Indenture will remain outstanding immediately after each any such redemption; and provided, further, that each the Company shall make such redemption shall occur within 90 not more than 120 days after the date consummation of the closing of the applicable any such Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1June 15, 20052006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875107.250% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (Interest, if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the this Indenture will remain outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each such redemption Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January October 1, 20052012, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875108.0% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (Interest, if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the this Indenture will remain outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each such redemption Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6 hereof.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1June 15, 20052006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 108.875107.250% of the principal amount, together with accrued and unpaid interest and Additional Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain outstanding immediately after each such redemption; and provided, further, that each such redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before January December 1, 20052013, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875107.875% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (thereon, if any), to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain hereunder remains outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each (2) such redemption Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1March 15, 20052012, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875113.875% of the principal amount, together with accrued and unpaid interest and Additional Interest (if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain outstanding immediately after each such redemption; and provided, further, that each such redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before January July 1, 20052019, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875105.875% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (thereon, if any), to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain hereunder remains outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each (2) such redemption Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6.

Optional Redemption upon Equity Offerings. In At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before January May 1, 20052010, the CompanyCompany may, at its option, may use the net cash proceeds from any such Equity Offering Offerings to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875106.875% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (thereon, if any), to the date of redemptionRedemption Date, provided, however, provided that (1) at least 65% of the original principal amount of the Notes initially issued under the Indenture will remain hereunder remains outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each (2) such redemption Special Redemption shall occur within not more than 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6.

Optional Redemption upon Equity Offerings. In the event the Company completes one or more Equity Offerings on or before January 1March 15, 20052012, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "“Special Redemption"”) at a Redemption Price of 108.875113.875% of the principal amountamount thereof, together with accrued and unpaid interest and Additional Interest (Interest, if any), to the date of redemption, provided, however, that at least 65% of the original principal amount of the Notes initially issued under the Indenture this Inden- ture will remain outstanding immediately after each such redemptionSpecial Redemption; and provided, further, that each such redemption Special Redemption shall occur within 90 days after the date of the closing of the applicable Equity Offering. If less than all Any redemption pursuant to this Section 3.8 shall be made pursuant to the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)provisions of Sections 3.1 through 3.6 hereof.