Common use of Optional Redemption Upon Public Equity Offerings Clause in Contracts

Optional Redemption Upon Public Equity Offerings. In addition, at any time and from time to time on or prior to July 1, 2002, the Company may redeem in the aggregate up to 35% of the originally issued aggregate principal amount of the Securities with the net cash proceeds of one or more Public Equity Offerings by the Company at a redemption price in cash equal to 112.500% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Redemption Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date); provided, however, that at least 65% of the originally issued aggregate principal amount of the Securities must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by the Company or any of its Affiliates). Notice of any such redemption must be given within 60 days after the date of the closing of the relevant Public Equity Offering of the Company.

Optional Redemption Upon Public Equity Offerings. In addition, at any time and from time to time on or prior to July March 1, 20022001, the Company may redeem in the aggregate up to 35% of the originally issued aggregate principal amount of the Securities with the net cash proceeds of one or more Public Equity Offerings by the Company at a redemption price in cash equal to 112.500108.75% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Redemption Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date); provided, however, that at least 65% of the originally issued aggregate principal amount of the Securities must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by the Company or any of its Affiliates). Notice of any such redemption must be given within 60 days after the date of the closing of the relevant Public Equity Offering of the Company.

Optional Redemption Upon Public Equity Offerings. In addition, at any time and from time to time on or prior to July December 1, 20022000, the Company may redeem in the aggregate up to 35% of the originally issued aggregate principal amount of the Securities with the net cash proceeds of one or more Public Equity Offerings by the Company at a redemption price in cash equal to 112.500111.25% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Redemption Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date); provided, however, that at least 65% of the originally issued aggregate principal amount of the Securities must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by the Company or any of its Affiliates). Notice of any such redemption must be given within 60 days after the date of the closing of the relevant Public Equity Offering of the Company.

Optional Redemption Upon Public Equity Offerings. In addition, at any time and from time to time on or prior to July 1September 15, 20022000, the Company may redeem in the aggregate up to 3533 1/3% of the originally issued aggregate principal amount of the Securities with the net cash proceeds of one or more Public Equity Offerings by the Company at a redemption price in cash equal to 112.500108.625% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Redemption Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date); providedPROVIDED, howeverHOWEVER, that at least 6566 2/3% of the originally issued aggregate principal amount of the Securities must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by the Company or any of its Affiliates). Notice of any such redemption must be given within 60 days after the date of the closing of the relevant Public Equity Offering of the Company.

Optional Redemption Upon Public Equity Offerings. In addition, at any time and from time to time on or prior to July 1, 20022000, the Company may redeem in the aggregate up to 35% of the originally issued aggregate principal amount of the Securities with the net cash proceeds of one or more Public Equity Offerings by the Company at a redemption price in cash equal to 112.500109.250% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Redemption Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date); provided, however, that at least 65% of the originally issued aggregate principal amount of the Securities must remain outstanding immediately after giving effect to each such redemption (excluding any Securities held by the Company or any of its Affiliates). Notice of any such redemption must be given within 60 days after the date of the closing of the relevant Public Equity Offering of the Company.