Common use of Pro Rata Redemption Requirement Clause in Contracts

Pro Rata Redemption Requirement. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a), then it must simultaneously take the same action in the same proportion with respect to the Other Notes. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a) (or similar provisions under the Other Notes) with respect to less than all of the Principal amounts of the Notes then outstanding, then the Company shall require redemption of a Principal amount from each of the holders of the Notes equal to the product of (i) the aggregate Principal amount of Notes which the Company has elected to cause to be redeemed pursuant to Section 8(a), multiplied by (ii) the fraction, the numerator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by such holder of outstanding Notes and the denominator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by all holders holding outstanding Notes (such fraction with respect to each holder is referred to as its "REDEMPTION ALLOCATION PERCENTAGE", and such amount with respect to each holder is referred to as its "PRO RATA REDEMPTION AMOUNT"); provided, however that in the event that any holder's Pro Rata Redemption Amount exceeds the outstanding Principal amount of such holder's Note, then such excess Pro Rata Redemption Amount shall be allocated amongst the remaining holders of Notes in accordance with the foregoing formula. In the event that the initial holder of any Notes shall sell or otherwise transfer any of such holder's Notes, the transferee shall be allocated a pro rata portion of such holder's Redemption Allocation Percentage and Pro Rata Redemption Amount.

Pro Rata Redemption Requirement. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a8(A), then it must simultaneously take the same action in the same proportion with respect to the Other Notes. If the Company elects to cause a Company Optional Redemption pursuant to this Section 8(a8(A) (or similar provisions under the Other Notes) with respect to less than all fifty percent (50%) of the Principal amounts principal amount of the Notes then outstanding, then the Company shall require redemption of a Principal amount from the Holder and each holder of the holders of the Other Notes equal to the product of (i) the aggregate Principal principal amount of Notes which the Company has elected to cause to be redeemed pursuant to Section 8(a8(A), multiplied by (ii) the fraction, the numerator of which is the sum of the aggregate Original Principal Amount initial principal amount of the Notes purchased by such holder (or the ultimate holder of outstanding a Note transferred as set forth below with an allocation among such Notes as set forth below) and the denominator of which is the sum initial principal amounts of the aggregate Original Principal Amount of the Notes purchased by all holders (or the ultimate holder of a Note transferred as set forth below with an allocation among such Notes as set forth below) holding outstanding Notes (such fraction with respect to each holder is referred to as its "REDEMPTION ALLOCATION PERCENTAGE"“Redemption Allocation Percentage”, and such amount with respect to each holder is referred to as its "PRO RATA REDEMPTION AMOUNT"); provided, however that in the event that any holder's “Pro Rata Redemption Amount exceeds the outstanding Principal amount of such holder's Note, then such excess Pro Rata Redemption Amount shall be allocated amongst the remaining holders of Notes Amount”); provided that in accordance with the foregoing formula. In the event that the initial holder of any Notes shall sell has sold or otherwise transfer transferred any of such holder's Notes, the transferee shall be allocated a pro rata portion of such transferring holder's Redemption Allocation Percentage and Pro Rata Redemption Amount; and provided further, that in the event any holder's Pro Rata Redemption Amount exceeds the outstanding principal amount of such holder's Note, any excess redemption amount shall be applied to the principal amount of all remaining Notes on a pro rata basis pursuant to this subsection (b).

Pro Rata Redemption Requirement. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a11(a), then it must simultaneously take the same action in the same proportion with respect to the Other Notes. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a11(a) (or similar provisions under the Other Notes) with respect to less than all of the Principal amounts Conversion Amounts of the Notes then outstanding, then the Company shall require redemption of a Principal amount Conversion Amount from each of the holders of the Notes equal to the product of (i) the aggregate Principal amount Conversion Amount of Notes which the Company has elected to cause to be redeemed pursuant to Section 8(a11(a), multiplied by (ii) the a fraction, the numerator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by such holder of outstanding Notes and the denominator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by all holders holding outstanding Notes (such fraction with respect to each holder is referred to as its "REDEMPTION ALLOCATION PERCENTAGE"“Company Redemption Allocation Percentage”, and such amount with respect to each holder is referred to as its "PRO RATA REDEMPTION AMOUNT"“Pro Rata Company Redemption Amount”); provided, however that in the event that any holder's ’s Pro Rata Company Redemption Amount exceeds the outstanding Principal amount of such holder's ’s Note, then such excess Pro Rata Company Redemption Amount shall be allocated amongst the remaining holders of Notes in accordance with the foregoing formula. In the event that the initial holder of any Notes shall sell or otherwise transfer any of such holder's ’s Notes, the transferee shall be allocated a pro rata portion of such holder's ’s Company Redemption Allocation Percentage and Pro Rata Company Redemption Amount.

Pro Rata Redemption Requirement. If the a Company elects to cause Quarterly Redemption or a Company Optional Redemption occurs pursuant to Section 8(a) or Section 8(b), respectively, (or similar provisions under the Other Notes and the Additional Notes) then it the Company must simultaneously take the same action in the same proportion with respect to the Other Notes and the Additional Notes. If the a Company elects to cause Quarterly Redemption or a Company Optional Redemption occurs pursuant to Section 8(a) or Section 8(b), respectively (or similar provisions under the Other Notes and the Additional Notes) with respect to less than all of the Principal amounts Conversion Amounts of the Notes and the Additional Notes then outstanding, then the Company shall require redemption of redeem a Principal amount Conversion Amount from each of the holders of the Notes and the Additional Notes equal to the product of (i) the aggregate Principal amount Company Quarterly Redemption Amount of Notes which the and Additional Notes subject to a Company has elected to cause to be redeemed Quarterly Redemption pursuant to Section 8(a) or the aggregate Company Optional Redemption Amount of Notes and Additional Notes subject to a Company Optional Redemption pursuant to Section 8(b), as applicable, multiplied by (ii) the fraction, the numerator of which is the sum of the aggregate Original Principal Amount of the Notes and Additional Notes purchased by such holder of outstanding Notes and Additional Notes and the denominator of which is the sum of the aggregate Original Principal Amount of the Notes and Additional Notes purchased by all holders holding outstanding Notes and Additional Notes (such fraction with respect to each holder is referred to as its "REDEMPTION ALLOCATION PERCENTAGERedemption Allocation Percentage", and such amount with respect to each holder is referred to as its "PRO RATA REDEMPTION AMOUNTPro Rata Redemption Amount"); provided, however however, that in the event that any holder's Pro Rata Redemption Amount exceeds the outstanding Principal amount of such holder's Note and Additional Note, then such excess Pro Rata Redemption Amount shall be allocated amongst the remaining holders of Notes and Additional Notes in accordance with the foregoing formula. In the event that the initial holder of any Notes or Additional Notes shall sell or otherwise transfer any of such holder's Notes or Additional Notes, the transferee shall be allocated a pro rata portion of such holder's Redemption Allocation Percentage and Pro Rata Redemption Amount.

Pro Rata Redemption Requirement. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a), then it must simultaneously take the same action in the same proportion with respect to the Other Notes. If the Company elects to cause a Company Optional Redemption pursuant to Section 8(a) (or similar provisions under the Other Notes) with respect to less than all of the Principal amounts Conversion Amounts of the Notes then outstanding, then the Company shall require redemption of a Principal amount Conversion Amount from each of the holders of the Notes equal to the product of (i) the aggregate Principal amount Company Optional Redemption Amount of Notes which the Company has elected to cause to be redeemed pursuant to Section 8(a), multiplied by (ii) the fraction, the numerator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by such holder of outstanding Notes and the denominator of which is the sum of the aggregate Original Principal Amount of the Notes purchased by all holders holding outstanding Notes (such fraction with respect to each holder is referred to as its "REDEMPTION ALLOCATION PERCENTAGE"“Company Optional Redemption Allocation Percentage”, and such amount with respect to each holder is referred to as its "PRO RATA REDEMPTION AMOUNT"“Pro Rata Company Optional Redemption Amount”); provided, however that in the event that any holder's ’s Pro Rata Company Optional Redemption Amount exceeds the outstanding Principal amount of such holder's ’s Note, then such excess Pro Rata Company Optional Redemption Amount shall be allocated amongst the remaining holders of Notes in accordance with the foregoing formula. In the event that the initial holder of any Notes shall sell or otherwise transfer any of such holder's ’s Notes, the transferee shall be allocated a pro rata portion of such holder's ’s Company Optional Redemption Allocation Percentage and Pro Rata Company Optional Redemption Amount.