Common use of Redemption by the Holder Clause in Contracts

Redemption by the Holder. The Company shall deliver the applicable Event of Default Redemption Price to the Holder within five (5) Business Days after the Company’s receipt of the Holder’s Event of Default Redemption Notice. If the Holder has submitted a Change of Control Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Change of Control Redemption Price to the Holder (i) concurrently with the consummation of such Change of Control if such notice is received prior to the consummation of such Change of Control and (ii) within five (5) Business Days after the Company’s receipt of such notice otherwise. The Company shall deliver the applicable Holder Mandatory Redemption Price on the applicable Holder Mandatory Redemption Payment Date. Any Cash Payment payable in respect of the applicable Company Redemption Price shall be delivered by the Company on the applicable Company Redemption Date, and any issuance of shares of Common Stock shall be delivered to the Holder, in the same manner as set forth in Section 3(c)(ii) hereof, within three (3) Trading Days of the Company Redemption Stock Pricing Date. In the event of a redemption or conversion of less than all of the Principal of this Note, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 17(d)) representing the outstanding Principal which has not been redeemed. If the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption or conversion, to require the Company to promptly return to the Holder all or any portion of this Note representing the amount of Principal that was submitted for or subject to redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid or shares of Common Stock have not been issued therefore, or any combination thereof. Upon the Company’s receipt of such cancellation notice, (x) the applicable Redemption Notice shall be null and void with respect to such amount of Principal that was not redeemed or converted, and (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 17(d)) to the Holder representing such amount of Principal to be redeemed. The Holder’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the amount of Principal subject to such notice.

Redemption by the Holder. The On any date following the latest of (i) ninety-one (91) days after the date on which the Company’s 13.75% Senior Secure Notes due 2015 mature, (ii) one year after the earlier of (1) the Maturity Date (as defined in the Credit Agreement, dated as of December 24, 2010, as amended by the First Amendment to Credit Agreement, dated as of May 31, 2011 (as such agreement may be further amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Company, the lenders from time to time party thereto and Capital One, N.A., as administrative agent for such lenders) and (2) the date on which there are no obligations under the Credit Agreement outstanding and the commitments of the lenders thereunder are terminated, and (iii) one year after the earlier of (1) the Maturity Date (as defined in the Letter of Credit Facility Agreement, dated as of December 24, 2010, as amended by the First Amendment to Letter of Credit Facility Agreement, dated as of May 31, 2011 (as such agreement may be further amended, amended and restated, supplemented or otherwise modified from time to time, the “Facility Agreement”), among the Company, the lenders from time to time party thereto and Capital One, N.A., as administrative agent for such lenders) and (2) the date on which there are no obligations under the Facility Agreement outstanding and the commitments of the lenders thereunder are terminated, each holder of Class E Preferred Units shall have the right to cause the Company to redeem any and all of its Class E Preferred Units at the Redemption Price. Each such holder of Class E Preferred Units shall deliver give the applicable Event Company a written notice at its principal office of Default its desire for the Company to redeem such holder’s Class E Preferred Units (the “Holder Redemption Price Notice”), specifying the Redemption Date, which shall be no less than ten (10) and not more twenty (20) days after delivery of the Holder Redemption Notice, the number of Class E Preferred Units to be redeemed and the Redemption Price. On the Redemption Date and upon receipt by the Company of evidence satisfactory to the Company of the ownership of the Class E Preferred Units, the holders thereof shall be entitled to receive payment therefor. After the Redemption Date, the Class E Preferred Units subject to the Holder within five (5) Business Days after the Company’s receipt Redemption Notice shall no longer constitute issued and outstanding Units of the Holder’s Event of Default Redemption Notice. If Company and shall only constitute the Holder has submitted a Change of Control Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Change of Control rights to receive Redemption Price to the Holder (i) concurrently with the consummation of such Change of Control if such notice is received prior to the consummation of such Change of Control and (ii) within five (5) Business Days after the Company’s receipt of such notice otherwise. The Company shall deliver the applicable Holder Mandatory Redemption Price on the applicable Holder Mandatory Redemption Payment Date. Any Cash Payment payable in respect of the applicable Company Redemption Price shall be delivered by the Company on the applicable Company Redemption Date, and any issuance of shares of Common Stock shall be delivered to the Holder, in the same manner as set forth in Section 3(c)(ii) hereof, within three (3) Trading Days of the Company Redemption Stock Pricing Date. In the event of a redemption or conversion of less than all of the Principal of this Note, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 17(d)) representing the outstanding Principal which has not been redeemed. If the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption or conversion, to require the Company to promptly return to the Holder all or any portion of this Note representing the amount of Principal that was submitted for or subject to redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid or shares of Common Stock have not been issued therefore, or any combination thereof. Upon the Company’s receipt of such cancellation notice, (x) the applicable Redemption Notice shall be null and void with respect to such amount of Principal that was not redeemed or converted, and (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 17(d)) to the Holder representing such amount of Principal to be redeemed. The Holder’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the amount of Principal subject to such notice.herein