Common use of Redemption at the Option of Holders Clause in Contracts

Redemption at the Option of Holders. Each holder of Series B Convertible Preferred Units shall have the right, at the option of each such holder, to require the Company to redeem the Series B Convertible Preferred Units held by such holder, in whole or in part, at the Series B Redemption Price in cash, in respect of, and not later than (i) immediately following, an underwritten initial public offering of Units, Preferred Units or other equity securities of the Company (or its successor) or (ii) immediately prior to, a Redemption Change in Control; provided that, in the case of both (i) and (ii), such redemption is not prohibited as of the redemption date under the Credit Instrument, the Senior Secured Indenture and the Subordinated Indenture (or refinancings thereof). The Company shall immediately notify by first class mail, postage prepaid, each holder of record of Series B Convertible Preferred Units of the pending occurrence of either such event. The initial public offering or Redemption Change in Control shall not be consummated unless all of the Series B Convertible Preferred Units elected to be redeemed hereunder have been redeemed, in the case of a Redemption Change in Control, or provisions have been made for their redemption, in the case of an initial public offering, in accordance with the provisions hereof, and the consummation of such initial public offering or Redemption Change in Control, as the case may be, shall be a condition to any redemption under this Section 12.4(d). From and after the redemption date (unless there shall be a default by the Company in providing money for the payment of the redemption price) distribution rights on the Series B Convertible Preferred Units so tendered for redemption shall cease to accrue, and such Series B Convertible Preferred Units shall no longer be deemed to be outstanding, and all rights of the holders thereof (except the right to receive from the Company the redemption price therefor) shall cease.

Redemption at the Option of Holders. Each holder of Series B Convertible C Preferred Units shall have the right, at the option of each such holder, to require the Company to redeem the Series B Convertible C Preferred Units held by such holder, in whole or in part, at the Series B C Redemption Price in cash, in respect of, and not later than (i) immediately following, an underwritten initial public offering of Units, Preferred Units or other equity securities of the Company (or its successor) or (ii) immediately prior to, a Redemption Change in Control; provided that, in the case of both (i) and (ii), such redemption is not prohibited as of the redemption date under the Credit Instrument, the Senior Secured Indenture and the Subordinated Indenture (or refinancings thereof). The Company shall immediately notify by first class mail, postage prepaid, each holder of record of Series B Convertible C Preferred Units of the pending occurrence of either such event. The initial public offering or Redemption Change in Control shall not be consummated unless all of the Series B Convertible C Preferred Units elected to be redeemed hereunder have been redeemed, in the case of a Redemption Change in Control, or provisions have been made for their redemption, in the case of an initial public offering, in accordance with the provisions hereof, and the consummation of such initial public offering or Redemption Change in of Control, as the case may be, shall be a condition to any redemption under this Section 12.4(d12.5(d). From and after the redemption date (unless there shall be a default by the Company in providing money for the payment of the redemption price) distribution rights on the Series B Convertible C Preferred Units so tendered for redemption shall cease to accrue, and such Series B Convertible C Preferred Units shall no longer be deemed to be outstanding, and all rights of the holders thereof (except the right to receive from the Company the redemption price therefor) shall cease.

Redemption at the Option of Holders. Each At any time on or after March 14, 2012, upon the request of the holders of at least a majority of the then outstanding shares of Series C Preferred, each of the holders of the then outstanding Series C Preferred shall have the right (a “Redemption Right”) to require the Corporation to redeem all or any of their shares of Series C Preferred at a price per share equal to the Series C Liquidation Value plus a rate of return on such amount (after taking into account all dividends paid by the Corporation pursuant to Section 2(a)) equal to 7% per annum, compounded annually. Any holder of Series B Convertible C Preferred Units may exercise his, her or its Redemption Right by delivering to the Corporation a Redemption Notice on or after March 14, 2012, provided that holders of at least a majority of the then outstanding shares of Pari Passu Preferred have requested a redemption pursuant to this Section 5 (a) and the equivalent provisions of the other series of Pari Passu Preferred. Within ten (10) days after the date of a Redemption Notice delivered by any holder of Series C Preferred, the Corporation shall notify all other holders of Pari Passu Preferred that the Redemption Right has been exercised, and each other holder of Pari Passu Preferred shall have the right, at exercisable by written notice delivered to the option Corporation within thirty (30) days after receipt of each such holdernotice from the Corporation, to require request that all or a portion of such other holder’s shares of Pari Passu Preferred be redeemed on the Company Redemption Date together with the shares of Series C Preferred of the holder who delivered the Redemption Notice. The Corporation shall be obligated to redeem the Series B Convertible Preferred Units held by such holder, in whole or in part, at the Series B Redemption Price in cash, in respect of, and not later than (i) immediately following, an underwritten initial public offering total number of Units, Preferred Units or other equity securities of the Company (or its successor) or (ii) immediately prior to, a Redemption Change in Control; provided that, in the case of both (i) and (ii), such redemption is not prohibited as of the redemption date under the Credit Instrument, the Senior Secured Indenture and the Subordinated Indenture (or refinancings thereof). The Company shall immediately notify by first class mail, postage prepaid, each holder of record shares of Series B Convertible C Preferred Units of the pending occurrence of either such event. The initial public offering or Redemption Change in Control shall not be consummated unless all of the Series B Convertible Preferred Units elected requested to be redeemed hereunder have been redeemed, in accordance herewith on the case Redemption Date. For each share of Series C Preferred which is to be redeemed on a particular Redemption Change in Control, or provisions have been made for their redemption, in the case of an initial public offering, Date in accordance with this Section 5(a), the provisions hereof, and the consummation of such initial public offering or Redemption Change in Control, as the case may be, Corporation shall be a condition obligated on the date specified for redemption thereof in the written notice with respect thereto, to any redemption under pay to the holder thereof (upon surrender by such holder at the Corporation’s principal office of the certificate representing such share) such amount specified in this Section 12.4(d). From and after the redemption date (unless there shall be a default by the Company 5(a) in providing money for the payment of the redemption price) distribution rights on the Series B Convertible Preferred Units so tendered for redemption shall cease to accrue, and such Series B Convertible Preferred Units shall no longer be deemed to be outstanding, and all rights of the holders thereof (except the right to receive from the Company the redemption price therefor) shall ceaseimmediately available funds.

Redemption at the Option of Holders. Each At any time on or after March 14, 2012, upon the request of the holders of at least a majority of the then outstanding shares of Series B Preferred, each of the holders of the then outstanding Series B Preferred shall have the right (a “Redemption Right” to require the Corporation to redeem all or any of their shares of Series B Preferred at a price per share equal to the Series B Liquidation Value plus a rate of return on such amount (after taking into account all dividends paid by the Corporation pursuant to Section 2(a)) equal to 7% per annum, compounded annually. Any holder of Series B Convertible Preferred Units may exercise his, her or its Redemption Right by delivering to the Corporation a Redemption Notice on or after March 14, 2012, provided that holders of at least a majority of the then outstanding shares of Pari Passu Preferred have requested a redemption pursuant to this Section 5(a) and the equivalent provisions of the other series of Pari Passu Preferred. Within ten (10) days after the date of a Redemption Notice delivered by any holder of Series B Preferred, the Corporation shall notify all other holders of Pari Passu Preferred that the Redemption Right has been exercised, and each other holder of Pari Passu Preferred shall have the right, at exercisable by written notice delivered to the option Corporation within thirty (30) days after receipt of each such holdernotice from the Corporation, to require request that all or a portion of such other holder’s shares of Pari Passu Preferred be redeemed on the Company Redemption Date together with the shares of Series B Preferred of the holder who delivered the Redemption Notice. The Corporation shall be obligated to redeem the Series B Convertible Preferred Units held by such holder, in whole or in part, at the Series B Redemption Price in cash, in respect of, and not later than (i) immediately following, an underwritten initial public offering total number of Units, Preferred Units or other equity securities of the Company (or its successor) or (ii) immediately prior to, a Redemption Change in Control; provided that, in the case of both (i) and (ii), such redemption is not prohibited as of the redemption date under the Credit Instrument, the Senior Secured Indenture and the Subordinated Indenture (or refinancings thereof). The Company shall immediately notify by first class mail, postage prepaid, each holder of record shares of Series B Convertible Preferred Units of the pending occurrence of either such event. The initial public offering or Redemption Change in Control shall not be consummated unless all of the Series B Convertible Preferred Units elected requested to be redeemed hereunder have been redeemed, in accordance herewith on the case Redemption Date. For each share of Series B Preferred which is to be redeemed on a particular Redemption Change in Control, or provisions have been made for their redemption, in the case of an initial public offering, Date in accordance with this Section 5(a), the provisions hereof, and the consummation of such initial public offering or Redemption Change in Control, as the case may be, Corporation shall be a condition obligated on the date specified for redemption thereof in the written notice with respect thereto, to any redemption under pay to the holder thereof (upon surrender by such holder at the Corporation’s principal office of the certificate representing such share) such amount specified in this Section 12.4(d). From and after the redemption date (unless there shall be a default by the Company 5(a) in providing money for the payment of the redemption price) distribution rights on the Series B Convertible Preferred Units so tendered for redemption shall cease to accrue, and such Series B Convertible Preferred Units shall no longer be deemed to be outstanding, and all rights of the holders thereof (except the right to receive from the Company the redemption price therefor) shall ceaseimmediately available funds.

Redemption at the Option of Holders. Each At any time on or after March 14, 2012, upon the request of the holders of at least a majority of the then outstanding shares of Series A Preferred, each of the holders of the then outstanding Series A Preferred shall have the right (a “Redemption Right”) to require the Corporation to redeem all or any of their shares of Series A Preferred at a price per share equal to the Series A Liquidation Value plus a rate of return on such amount (after taking into account all dividends paid by the Corporation pursuant to Section 2(a)) equal to 7% per annum, compounded annually. Any holder of Series B Convertible A Preferred Units may exercise his, her or its Redemption Right by delivering to the Corporation a Redemption Notice on or after March 14, 2012, provided that holders of at least a majority of the then outstanding shares of Pari Passu Preferred have requested a redemption pursuant to this Section 5(a) and the equivalent provisions of the other series of Pari Passu Preferred. Within ten (10) days after the date of a Redemption Notice delivered by any holder of Series A Preferred, the Corporation shall notify all other holders of Pari Passu Preferred that the Redemption Right has been exercised, and each other holder of Pari Passu Preferred shall have the right, at exercisable by written notice delivered to the option Corporation within thirty (30) days after receipt of each such holdernotice from the Corporation, to require request that all or a portion of such other holder’s shares of Pari Passu Preferred be redeemed on the Company Redemption Date together with the shares of Series A Preferred of the holder who delivered the Redemption Notice. The Corporation shall be obligated to redeem the Series B Convertible Preferred Units held by such holder, in whole or in part, at the Series B Redemption Price in cash, in respect of, and not later than (i) immediately following, an underwritten initial public offering total number of Units, Preferred Units or other equity securities of the Company (or its successor) or (ii) immediately prior to, a Redemption Change in Control; provided that, in the case of both (i) and (ii), such redemption is not prohibited as of the redemption date under the Credit Instrument, the Senior Secured Indenture and the Subordinated Indenture (or refinancings thereof). The Company shall immediately notify by first class mail, postage prepaid, each holder of record shares of Series B Convertible A Preferred Units of the pending occurrence of either such event. The initial public offering or Redemption Change in Control shall not be consummated unless all of the Series B Convertible Preferred Units elected requested to be redeemed hereunder have been redeemed, in accordance herewith on the case Redemption Date. For each share of Series A Preferred which is to be redeemed on a particular Redemption Change in Control, or provisions have been made for their redemption, in the case of an initial public offering, Date in accordance with this Section 5 (a), the provisions hereof, and the consummation of such initial public offering or Redemption Change in Control, as the case may be, Corporation shall be a condition obligated on the date specified for redemption thereof in the written notice with respect thereto, to any redemption under pay to the holder thereof (upon surrender by such holder at the Corporation’s principal office of the certificate representing such share) such amount specified in this Section 12.4(d). From and after the redemption date (unless there shall be a default by the Company 5(a) in providing money for the payment of the redemption price) distribution rights on the Series B Convertible Preferred Units so tendered for redemption shall cease to accrue, and such Series B Convertible Preferred Units shall no longer be deemed to be outstanding, and all rights of the holders thereof (except the right to receive from the Company the redemption price therefor) shall ceaseimmediately available funds.