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

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to December 1, 2008, the Company may redeem Notes with the Net Cash Proceeds received by the Company from one or more sales of its Capital Stock (other than Disqualified Stock) at a redemption price equal to 107.875% of the principal amount plus accrued and unpaid interest, provided that at least 65% of the aggregate principal amount of Notes originally issued on the Closing Date remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to December 1June 15, 20082007, the Company may redeem Notes with the Net Cash Proceeds received by the Company from one or more sales of its Capital Stock (other than Disqualified Stock) at a redemption price equal to 107.875100% of the principal amount plus accrued and unpaid interestinterest plus a premium equal to the interest rate per annum, provided that at least 65% of the aggregate principal amount of Notes originally issued on the Closing Date remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time after May 31, 2008 and prior to December 1November 30, 20082012, the Company may redeem Notes with the Net Cash Proceeds received by the Company from one or more sales of its Capital Stock (other than Disqualified Stock) at a redemption price equal to 107.875112.5% of the principal amount plus accrued and unpaid interest, provided that at least 65% of the aggregate principal amount of Notes originally issued on the Closing Date remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to December 1September 15, 2008, the Company may redeem Notes with the Net Cash Proceeds received by the Company from one or more sales of its Capital Stock (other than Disqualified Stock) at a redemption price equal to 107.875107.375% of the principal amount plus accrued and unpaid interest, provided that at least 65% of the aggregate principal amount of Notes originally issued on the Closing Date remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock.