Common use of Redemption with Proceeds of Public Equity Offering Clause in Contracts

Redemption with Proceeds of Public Equity Offering. (a) Prior to December 1, 2015, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under the Indenture (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 days after the closing of such Equity Offering.

Redemption with Proceeds of Public Equity Offering. (a) Prior to December 114, 20152018, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875109.00% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under on the Indenture Issue Date (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 180 days after the closing of such Equity Offering.

Redemption with Proceeds of Public Equity Offering. (a) Prior to December 1October 15, 2015, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875107.750% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under on the Indenture Issue Date (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 180 days after the closing of such Equity Offering.

Redemption with Proceeds of Public Equity Offering. (a) Prior to December 1May 15, 20152021, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875105.750% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under on the Indenture Issue Date (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 180 days after the closing of such Equity Offering.

Redemption with Proceeds of Public Equity Offering. (a) Prior to December 1September 15, 20152019, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875106.125% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under on the Indenture Issue Date (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 180 days after the closing of such Equity Offering.

Redemption with Proceeds of Public Equity Offering. (a) Prior to December August 1, 20152017, the Company may on any one or more occasions redeem up to 35% of the principal amount of the Notes with all or a portion of the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.875106.250% of the principal amount thereof, plus accrued and unpaid interest, if any, on the Notes redeemed to the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date); provided that (1) at least 65% of the aggregate principal amount of the Notes originally issued under the Indenture (including Additional Notes, but excluding Notes held by the Company and its Subsidiaries) remains outstanding after each such redemption; and (2) the redemption occurs within 90 days after the closing of such Equity Offering.