Common use of Optional Redemption with Proceeds from Equity Offerings Clause in Contracts

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August 1, 2012, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) or from time to time prior to August February 1, 20122007, the Issuer Issuer, at its option, may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, the Notes with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875100% of the principal amount of the Notes to be redeemed, plus a premium equal to the interest rate per annum on the Notes applicable on the date on which the notice of redemption is given, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, provided that (i1) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii2) such the redemption shall occur occurs within ninety (90) 90 days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August 1June 15, 20122016, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875106.500% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August October 1, 20122013, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875108.625% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August 1December 15, 20122015, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875107.250% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August July 1, 20122018, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875106.375% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.

Optional Redemption with Proceeds from Equity Offerings. At any time (which may be more than once) prior to August 1May 15, 2012, the Issuer may redeem up to 35% of the aggregate principal amount of Notes, upon not less than thirty (30) nor more than sixty (60) days’ notice, with the net cash proceeds of one or more Qualified Equity Offerings at a redemption price equal to 107.875109.00% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon, if any, to but excluding the applicable Redemption Date; provided, however, that (i) at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and (ii) such redemption shall occur within ninety (90) days of the date of the closing of any such Qualified Equity Offering.