Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March 15, 2007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price equal to 109.5% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, at least 65% of the original principal amount of the Notes issued under the Indenture must remain outstanding immediately after any such redemption and the Company must effect such redemption not more than 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 15February 1, 2007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the this Indenture at a redemption price equal to 109.5of 109.875% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest Interest, thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, , (1) at least 65% of the original aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the this Indenture must shall remain outstanding immediately after any such redemption and Redemption Date; and (2) the Company Redemption Date must effect such redemption be as of a date not more than 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March April 15, 20072011, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally Securities issued under the Indenture (including any Additional Securities) at a redemption price equal to 109.5110% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption datedate of redemption; provided that at least 65% of the original principal amount of Securities issued under the Indenture (including any Additional Securities) remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the net cash proceeds of any Equity Offering, at least 65% of the original principal amount of the Notes issued under the Indenture must remain outstanding immediately after any such redemption and the Company must effect shall make such redemption not more than 120 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 15February 1, 2007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price equal to 109.5of 109.875% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest Interest, thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, , (1) at least 65% of the original aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture must shall remain outstanding immediately after any such redemption and Redemption Date; and (2) the Company Redemption Date must effect such redemption be as of a date not more than 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 15June 1, 20072013, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price equal to 109.5of 110% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest Interest, thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, , (1) at least 65% of the original aggregate principal amount of the Notes originally issued under the Indenture must shall remain outstanding immediately after any such redemption and redemption; and (2) the Company Redemption Date must effect such redemption be as of a date not more than 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March October 15, 20072005, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price Redemption Price equal to 109.5111.50% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, at least 65% of the original principal amount of the Notes issued under the Indenture must shall remain outstanding immediately after any such redemption and the Company must shall effect such redemption not more than 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 15, 2007, the Company may, at its option, use an amount not to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount at maturity of the Notes (which includes including Additional Notes, if any) originally issued under the Indenture at a redemption price equal to 109.5of 112.000% of the aggregate principal Accreted Value amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any an Equity Offering, at least 65% of the original principal amount at maturity of the Notes (including Additional Notes, if any) issued under the Indenture must shall remain outstanding immediately after any such redemption and the Company must effect shall make such redemption not more than 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March October 15, 20072006, the Company may, at its option, use an amount not equal to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price Redemption Price equal to 109.5109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, (i) at least 65% of the original principal amount of the Notes issued under the Indenture must remain outstanding immediately after any such redemption Redemption Date; and (ii) the Company Redemption Date must effect such redemption be as of a date not more than 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March 15May 1, 2007, 2009 the Company may, at its option, use an amount not equal to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price Redemption Price equal to 109.5109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, (i) at least 65% of the original aggregate principal amount of the Notes originally issued under in the Indenture must remain Offering remains outstanding immediately after any such redemption Redemption Date; and (ii) the Company Redemption Date must effect such redemption be as of a date not more than 120 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or from time to time, prior to March October 15, 20072006, the Company may, at its option, use an amount not equal to exceed the net cash proceeds of one or more Equity Offerings to redeem up to 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued under the Indenture at a redemption price Redemption Price equal to 109.5109.500% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption dateRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, (i) at least 65% of the original aggregate principal amount of the Notes originally issued under in the Indenture must remain Offering remains outstanding immediately after any such redemption Redemption Date; and (ii) the Company Redemption Date must effect such redemption be as of a date not more than 120 days after the consummation of any such Equity Offering.