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 December 1, 2000, the Company may, at its option, use the Net Cash Proceeds of one or more Equity Offerings by the Company so long as there is a Public Market at the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), at a redemption price equal to 110% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided, however, that after any such redemption, the aggregate principal amount of the Notes outstanding must equal at least $82 million. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 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 December 115, 20002005, the Company may, at its option, use an amount equal to the Net Cash Proceeds net cash proceeds of one or more Equity Offerings by to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to Notes originally issued under the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Indenture at a redemption price Redemption Price equal to 110109.500% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the date of redemption; provided, however, that after any such redemption, the aggregate principal amount of the Notes outstanding must equal at least $82 millionRedemption Date. In order to effect the foregoing redemption with the proceeds of any Equity Offering, at least 65% of the Company aggregate principal amount of the Notes originally issued under the Indenture shall make remain outstanding immediately after such redemption not more than 90 days after the consummation of any such Equity OfferingRedemption Date.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to December 1November 15, 20002010, 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 by (as defined below) to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Securities issued at a redemption price equal to 110108.125% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided, however, provided that after any such redemption, at least 65% of the aggregate principal amount of the Notes Securities issued remains outstanding must equal at least $82 millionimmediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 days after the consummation of any such Equity Offering.

Optional Redemption upon Equity Offerings. At any time, or and from time to time, on or prior to December 1April 15, 2000, 2017 the Company may, at its option, use an amount not to exceed the Net Cash Proceeds net cash proceeds of one or more Equity Offerings by the Company so long as there is a Public Market at the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered redeem up to the Trustee pursuant to Section 3.01(a)), at a redemption price equal to 11035% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) issued under this Indenture at a Redemption Price of 113.00% of the aggregate principal amount thereof, plus accrued and unpaid interest thereonto, if anybut not including, the Redemption Date (subject to the date right of redemptionholders of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date); provided, however, that after any such redemption, provided that: (1) at least 65% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) issued under this Indenture remains outstanding must equal at least $82 million. In order to effect the foregoing redemption with the proceeds of immediately after any Equity Offering, such redemption; and (2) the Company shall make makes such redemption not more than 90 120 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 December 1July 15, 20002019, 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 by (as defined in the Company so long as there is a Public Market at the time of such redemption (which fact shall be certified Indenture) to the Trustee in an Officer's Certificate delivered redeem up to the Trustee pursuant to Section 3.01(a)), at a redemption price equal to 11035% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided, however, that after any such redemption, the aggregate principal amount of the Notes outstanding must issued at a redemption price equal to 105.000% of the principal amount thereof plus accrued and unpaid interest, if any, to, but not including, the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided that at least $82 million65% of the aggregate principal amount of Notes issued remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 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 December March 1, 20002001, the Company may, at its option, use the Net Cash Proceeds net cash proceeds of one or more Equity Offerings by (as defined below) to redeem up to 35% of the Company so long as there is a Public Market at the time aggregate principal amount of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Notes originally issued at a redemption price equal to 110110.250% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided, however, provided that at least 65% of the principal amount of Notes originally issued remains outstanding immediately after any such redemption, the aggregate principal amount of the Notes outstanding must equal at least $82 million. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 120 days after the consummation of any such Equity Offering. As used in the preceding paragraph, "Equity Offering" means a public or private offering of Qualified Capital Stock of the Company.

Optional Redemption upon Equity Offerings. At any time, or from time to time, on or prior to December 1April 15, 20002014, 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 by to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Notes issued at a redemption price equal to 110106.750% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided, however, provided that after any such redemption, at least 65% of the aggregate principal amount of the Notes issued remains outstanding must equal at least $82 millionimmediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 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 December 115, 20002017, 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 by (as defined below) to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Notes issued at a redemption price equal to 110105.375% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided, however, provided that after any such redemption, at least 65% of the aggregate principal amount of the Notes issued remains outstanding must equal at least $82 millionimmediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 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 December 1August 15, 20002013, 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 by (as defined below) to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Securities issued at a redemption price equal to 110107.75% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided, however, provided that after any such redemption, at least 65% of the aggregate principal amount of the Notes Securities issued remains outstanding must equal at least $82 millionimmediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 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 December 115, 20002013, 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 by (as defined below) to redeem up to 35% of the Company so long as there is a Public Market at aggregate principal amount of the time of such redemption (which fact shall be certified to the Trustee in an Officer's Certificate delivered to the Trustee pursuant to Section 3.01(a)), Securities issued at a redemption price equal to 110106.875% of the principal amount thereof, thereof plus accrued and unpaid interest thereoninterest, if any, to the date of redemptionredemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided, however, provided that after any such redemption, at least 65% of the aggregate principal amount of the Notes Securities issued remains outstanding must equal at least $82 millionimmediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 90 180 days after the consummation of any such Equity Offering.