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 October 12, 2015, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12January 11, 20152014, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375109.000% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Financing Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12December 14, 20152012, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375to109.500% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Financing Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October May 12, 2015, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375109.25% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer Company is prohibited from exercising such an option under the Facilities Financing Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12April 1, 20152017, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375105.250% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes Notes, if any, to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12December 14, 2015, 2012 the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375109.625% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Financing Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October May 12, 20152014, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375108.875% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer Company is prohibited from exercising such an option under the Facilities Financing Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12March 25, 20152016, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375105.875% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12December 10, 2015, the 2016,the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375106.500% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes Notes, if any, to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12April 1, 20152019, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375106.000% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes Notes, if any, to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12June 15, 20152016, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375109.50% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the New Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12January 15, 20152017, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Notes issued pursuant to the Indenture at a redemption price equal to 109.375107.250% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Notes Notes, if any, to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer is prohibited from exercising such an option under the Facilities Agreement.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to October 12April 30, 20152016, the Issuer may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem in the aggregate up to 35% of the aggregate principal amount of the Dollar Notes issued pursuant to the Indenture at a redemption price equal to 109.375109.875% of the principal amount thereof plus any accrued and unpaid interest on the principal amount of the Dollar Notes to the date of redemption; provided, that: • after giving effect to any such redemption at least 65% of the aggregate principal amount of the Dollar Notes issued under the Indenture remains outstanding; and • the Issuer shall make such redemption not more than 90 days after the consummation of such Equity Offering; provided, however, that the Issuer shall not have the right to exercise any such optional redemption at any time when the Issuer Company is prohibited from exercising such an option under the Facilities Financing Agreement.