Right to Redeem; Notice to Trustee. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after November 20, 2010, at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest, Contingent Interest, if any, and Liquidated Damages, if any, up to, but not including, the Redemption Date; provided that if the Redemption Date falls after an interest payment record date and on or before an Interest Payment Date, then the full amount of accrued and unpaid interest to the Interest Payment Date, including Contingent Interest, if any, and Liquidated Damages, if any, will be payable to the Holders in whose name the Securities are registered at the close of business on the interest payment record date. The Company may not redeem the Securities pursuant to this Section 3.1 if the Company has defaulted in the payment of interest or Contingent Interest, if any, on the Securities and such default is continuing. If the Company elects to redeem Securities pursuant to this Section 3.1, it shall notify the Trustee at least 30 days prior to the Redemption Date as fixed by the Company of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.
Right to Redeem; Notice to Trustee. The Company, at its option, may redeem the Notes in accordance with the provisions of paragraphs 5 and 6 of the Notes. If the Company elects to redeem Notes pursuant to paragraph 5 of the Notes, it shall notify the Trustee in writing of the Redemption Date, the principal amount of Notes to be redeemed and the Redemption Price that would be in effect if such Notes were being redeemed on the date of the notice. The Company shall give the notice to the Trustee provided for in this Section 3.1(a) at least 30 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).
Right to Redeem; Notice to Trustee. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after July 5, 2004, on at least 20 days and no more than 60 days notice at the Redemption Prices specified in paragraph 5 of the form of Security attached hereto as Exhibit A, together --------- with accrued interest up to but not including the Redemption Date. If the Company elects to redeem Securities pursuant to this Section 3.1 and paragraph 5 of the Securities, it shall notify the Trustee, at the earlier of the time the Company notifies the Holders of such redemption or 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), of the Redemption Date and the principal amount of Securities to be redeemed. If fewer than all of the Securities are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.
Right to Redeem; Notice to Trustee. 13 SECTION 3.2. Selection of Securities to Be Redeemed............................................... 13 SECTION 3.3.
Right to Redeem; Notice to Trustee. (a) The Securities may be redeemed at the election of the Company, as a whole or in part from time to time, at any time prior to August 20, 2003 (a "Provisional Redemption"), upon at least 20 and not more than 60 days' notice by mail to the Holders of the Securities at a redemption price equal to $1,000 per $1,000 principal amount of the Securities redeemed plus accrued and unpaid interest, if any (such amount, together with the Make-Whole Payment described below, the "Provisional Redemption Price"), to but excluding the date of redemption (the "Provisional Redemption Date") if (1) the Closing Price of the Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days within a period of any 30 consecutive Trading Days ending on the Trading Day prior to the date of mailing of the notice of Provisional Redemption (the "Notice Date"), and (2) a shelf registration statement covering resales of the Securities and the Common Stock issuable upon conversion thereof is effective and available for use and is expected to remain effective and available for use for the 30 days following the Provisional Redemption Date unless registration is no longer required. Upon any such Provisional Redemption, the Company, if a shelf registration statement covering resales of such Common Stock is effective and expected to remain effective and available for use for the 30 days following the Redemption Date or Provisional Redemption Date, shall make an additional payment, at its option, in cash or Common Stock or a combination of cash and Common Stock (the "Make-Whole Payment") with respect to the Securities called for redemption to holders on the Notice Date in an amount equal to $112.50 per $1,000 principal amount of the Securities, less the amount of any interest actually paid on such Securities prior to the date of redemption. Payments made in Common Stock will be valued at 97% of the average closing sales prices of Common Stock for the five Trading Days ending on the day prior to the Redemption Date. The Company shall make the Make-Whole Payment on all Securities called for Provisional Redemption, including those Securities converted into Common Stock between the Notice Date and the Provisional Redemption Date.
(b) The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after August 20, 2003, on at least 20 days and no more than 60 days notice at the redemption prices specified in paragraph 5 ...
Right to Redeem; Notice to Trustee. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after November 15, 2013, at a price (the “Redemption Price”), payable in cash, equal to 100% of the principal amount of the Securities to be redeemed (without premium or penalty), plus any accrued and unpaid interest to, but excluding, the Redemption Date; provided however that if the relevant Redemption Date falls after a record date for the payment of an installment of interest and on or prior to the corresponding interest payment date, the Company shall pay the full amount of accrued and unpaid interest, if any, due on such interest payment date to the holder of record at the close of business on the corresponding record date, and the Redemption Price will not include any accrued and unpaid interest. If the Company elects to redeem Securities pursuant to this Section 3.01, it shall notify the Trustee at least 45 days prior to the Redemption Date, as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), of the Redemption Date and the principal amount of Securities to be redeemed.
Right to Redeem; Notice to Trustee. The Notes may not be redeemed otherwise than at the option of the Holder as provided in Section 16.1 at the election of the Company, as a whole or from time to time in part, at any time after July 1, 2000, at the Redemption Prices specified in paragraph nine of the form of Note (reverse side) attached hereto as Exhibit A, together with accrued interest up to but not including the Redemption Date. If the Company elects to redeem Notes pursuant to this Section 3.1 and paragraph eight of the Notes, it shall notify the Trustee in writing at least 45 days prior to the Redemption Date as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee) of the Redemption Date and the principal amount of Notes to be redeemed. If fewer than all of the Notes are to be redeemed, the record date relating to such redemption shall be selected by the Company and given to the Trustee, which record date shall not be less than ten days after the date of notice to the Trustee.
Right to Redeem; Notice to Trustee. (a) At any time on or before ________________, 2001, and within 60 days after the closing of a public offering of common stock of the Company (an "Equity Offering"), the Company, at its option may utilize the net proceeds from any such Equity Offering to redeem up to 25% of the aggregate principal amount of the Securities at a redemption price equal to ______% of the principal amount thereof to be redeemed (the "Equity Offering Redemption Price"), plus accrued and unpaid interest, if any, on such amount to the redemption date, provided that at least $65,000,000 in aggregate principal amount of the Securities remain outstanding immediately after the occurrence of such redemption.
(b) Additionally, at any time on and after _________________, 2003, the Company, at its option, may redeem all, or from time to time any part, of the Securities, in each case for cash at the Redemption Price specified in and otherwise in accordance with the provisions of the Securities.
(c) If the Company elects to redeem Securities, it shall deliver to the Trustee a certified copy of a resolution from the Board of Directors of the Company authorizing such redemption and shall notify the Trustee in writing of the record date for determining the Holders who shall receive notice of redemption (which shall be a date after the date on which the Trustee shall receive such notice), the Redemption Date, the principal amount of Securities to be redeemed, the Equity Offering Redemption Price or Redemption Price, as applicable, and the amount of interest accrued thereon to the Redemption Date, at least 60 calendar days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee).
Right to Redeem; Notice to Trustee. The Securities may be redeemed at the election of the Company, as a whole or from time to time in part, at any time on or after February 15, 2019, at the Redemption Price in Cash specified in Paragraph 0 of the form of Security attached hereto as Exhibit A, together with accrued and unpaid interest, if any (including Additional Interest, if any), up to, but excluding, the Redemption Date. However, if the Redemption Date falls after a Regular Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest, if any (including Additional Interest, if any), due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Regular Record Date. If the Company elects to redeem Securities pursuant to this 0 and Paragraph 0 of the Securities, it shall notify the Trustee in writing at least 45 days prior to the Redemption Date, as fixed by the Company (unless a shorter notice shall be satisfactory to the Trustee), of the Redemption Date and the Accreted Principal Amount of Securities to be redeemed.
Right to Redeem; Notice to Trustee. 22 Section 3.2.Selection of Notes to Be Redeemed. 23 Section 3.3.
