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 May 1, 2012, the Issuer may, at its option on one or more occasions, redeem Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes originally issued with the net cash proceeds received by the Issuer from one or more Equity Offerings at a redemption price equal to 110% of the principal amount thereof plus accrued and unpaid interest, if any, to the redemption date (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date), provided, however, that after giving effect to any such redemption: (1) at least 65% of such aggregate principal amount of Notes remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly by the Company or its Affiliates), and (2) in each case the redemption takes place not later within 90 days after the closing of the related offering of Qualified Equity Interests.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to May 1, 20122013, the Issuer Company may, at its option on one or more occasions, redeem Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes originally issued on the Issue Date with the net cash proceeds received by the Issuer Company from one or more Equity Offerings at a redemption price equal to 110106.875% of the principal amount thereof plus accrued and unpaid interest, if any, to the redemption date (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), provided, however, that after giving effect to any such redemption: (1) at least 65% of such aggregate principal amount of Notes originally issued on the Issue Date remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly by the Company Parent or its Affiliates), and (2) in each case the notice of any such redemption takes place not later is mailed within 90 days after the closing of the related offering of Qualified Equity InterestsOffering.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to May 1, 20122014, the Issuer Company may, at its option on one or more occasions, redeem Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes originally issued with the net cash proceeds received by the Issuer Company from one or more Equity Offerings at a redemption price equal to 110107.000% of the principal amount thereof plus accrued and unpaid interest, if any, to the redemption date (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), provided, however, that after giving effect to any such redemption: (1) at least 65% of such aggregate principal amount of Notes originally issued on the Issue Date remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly by the Company Parent or its Affiliates), and (2) in each case the notice of any such redemption takes place not later is mailed within 90 days after the closing of the related offering of Qualified Equity InterestsOffering.

Redemption with Proceeds of Public Equity Offering. At any time and from time to time prior to May 1December 15, 20122013, the Issuer Company may, at its option on one or more occasions, redeem Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes originally issued on the Issue Date with the net cash proceeds received by the Issuer Company from one or more Equity Offerings at a redemption price equal to 110107.75% of the principal amount thereof plus accrued and unpaid interest, if any, to the redemption date (subject to the right of holders Holders of record on the relevant record date to receive interest due on the relevant interest payment date), provided, however, that after giving effect to any such redemption: (1) at least 65% of such aggregate principal amount of Notes originally issued on the Issue Date remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly by the Company Parent or its Affiliates), and (2) in each case the notice of any such redemption takes place not later is mailed within 90 days after the closing of the related offering of Qualified Equity InterestsOffering.